Comelec en banc affirms ruling junking petitions vs. Duterte

In a decision issued a few weeks after the May 9 polls, the Commission on Elections (Comelec) en banc affirmed a division ruling that dismissed four petitions against the candidacy of President-elect Rodrigo Duterte.

With a unanimous vote, the seven-member body junked the motions for reconsideration filed by petitioners Ruben Castor, Elly Pamatong, John Paulo delas Nieves, and Rizalito David. The poll body said the petitioners “failed to raise new matters or arguments” on the matter.

The First Division—composed of Commissioners Christian Robert Lim, Luie Tito Guia, and Rowena Guanzon—ruled in February to collectively dismiss these petitions for lack of merit.

Also via a unanimous decision, the panel said that Duterte did not commit material misrepresentation in his certificate of candidacy (COC) and pointed out the following:

• that it was “highly probable” for the then-Davao City mayor to have his certificate of withdrawal for reelection and his COC for president “notarized and submitted to the offices concerned on the same day”;
• that filing first for reelection “does not contradict his bona fide intent” to run for president;
• that his substitution is valid despite errors committed by PDP-Laban’s initial candidate, Martin Diño, who filled out and filed a COC for president, but wrote “Mayor of Pasay City” in the declaration of candidacy;
• that Duterte was not a nuisance COC filer.

The said issues were affirmed by the Comelec en banc in its 18-page resolution that was promulgated on May 31.

The poll body underscored that it cannot rule on claims of “misrepresentation” based on Duterte’s qualifications beyond those stated in his COC, given the Supreme Court ruling that reversed its previous decisions to cancel the COC of another presidential candidate, Sen. Grace Poe.

The high tribunal voted 9-6 to grant Poe’s appeal against two Comelec rulings that cancelled her COC for failing to meet citizenship and residency requirements, saying the poll body cannot rule on qualifications of a candidate if the fact of qualification has not been “established in a prior proceeding before an authority properly vested with jurisdiction.”

“Thus, considering that Duterte is a candidate for the elective position of President, which is the highest position of the land, any question pertaining to his qualifications—including allegations that he violated the laws, admitted to extrajudicial killings and coddling of the New People’s Army—which are alleged as grounds for the cancellation of his COC under Section 78 of the OEC (Omnibus Election Code), is beyond the purview of this Commission’s jurisdiction,” the en banc said.

It added that “the issues affecting the qualification of Duterte … must be ventilated and resolved before the Presidential Electoral Tribunal (PET).”

The resolution was released on Monday or nearly a month since the resolution was signed, and amid the recent conflicts between all six poll commissioners and Chairman Andres Bautista.

In a memorandum dated June 3, the commissioners blamed Bautista for the belated promulgation of some decisions, the appeals for Duterte’s disqualification included.

On Monday, Bautista denied this, saying, “Matagal na pong lumabas ‘yun. Matagal na ‘yun, May pa,” as he told reporters to secure a copy. — BAP, GMA News