OSG urges SC to junk Duterte Youth petition vs. Guanzon

The Office of the Solicitor General (OSG) appealed to the Supreme Court (SC) to junk the petition filed by the Duterte Youth party-list questioning the substitution of retired poll commissioner Rowena Guanzon as the first nominee of the Komunidad ng Pamilya Pasyente at Persons with Disabilities (P3PWD) party-list.

At the first oral arguments of the case on Tuesday, Assistant Solicitor General Maria Victoria Sardillo-Salom denied that the Commission on Elections (Comelec) committed grave abuse of discretion when it granted the withdrawal and substitution of the nominees of the P3PWD as it underwent the correct process. 

Sardillo-Salom also said the decision was based on the recommendation of the Comelec Law Department and that the poll body is authorized to proclaim candidates under Republic Act No. 7941 or the Party-list System Act.

“The OSG as counsel as public respondent, Comelec, maintains that these minute resolutions are not tainted with grave abuse of discretion. And so it must dismiss the petition,” she said.

Further, Sardillo-Salom said the petitioners do not have “personal and substantial interests” in the case and that the Comelec en banc was exercising its administrative powers when it allowed the substitution. 

The OSG is representing the Comelec and the House of Representatives. 

Lawyer Edward Gialogo, legal counsel of the petitioners, argued the Duterte Youth suffered “direct injury” when the poll body granted the P3PWD's request even after it amended its rules and put a stricter deadline on substituting nominees. 

Gialogo also said they believe the case is covered by the quasi-judicial functions of the Comelec. 

“The petitioner Duterte Youth filed a verified opposition against the application of P3PWD for substitution…This matter started as administrative matter, however, when the opposition was filed, the Comelec will now be required to decide a legal controversy,” the lawyer said. 

“The Comele course of action should have referred the matter to one of its division, and heard the opposition,” he added. 

Ten justices were present during the oral arguments. Guanzon also personally attended the SC proceedings. 

In June 2022, the high court issued a decision temporarily stopping a Comelec resolution allowing its former commissioner Rowena Guanzon to substitute as number one nominee of P3PWD party-list.

The Comelec previously approved in a "majority vote" the request of the party to withdraw the nomination of its original roster of Grace Yeneza, Ira Paulo Pozon, Marianne Heidi Cruz Fullon, Peter Jonas David, and Lily Grace Tiangco.

The en banc has also "given due course" or granted and approved the new list of nominees that named Guanzon as its first nominee. Rosalie Garcia was named second nominee;  Cherrie Belmonte-Lim, third; Donnabel Tenorio, fourth; and Rodolfo Villar Jr. fifth.

The next oral argument for the case will be held on November 28, 2023. — BM, GMA Integrated News