Comelec issues certificate of finality on Duterte Youth disqualification

The Commission on Elections (Comelec) has issued a certificate of finality and entry of judgment on the disqualification of the Duterte Youth party-list. 

Comelec Chairperson George Erwin Garcia on Tuesday said this developed after the 30 days of finality lapsed without a temporary restraining order (TRO) from the Supreme Court (SC). 

"Nasa rules namin na kapag cancellation ng registration ng party, 30 days. Hinintay po natin kung makakakuha ng TRO sa 30 days na 'yun. Mukhang hindi naman nag-issue ang SC ng TRO," said Garcia.

(Based on our rules, the period of finality for the cancellation of party registration is 30 days. We waited for a TRO during the 30 days, but it seems the SC has yet to issue one.)

"Kaya nag-issue na ang Clerk of the Commission ng entry of judgment at certificate of finality. Ibig sabihin, final ang decision as far as the Comelec is concerned," he said.

(That is why the Clerk of the Commission released an entry of judgment and certificate of finality. This means that as far as the Comelec is concerned, the decision is final.)

Garcia, meanwhile, said the poll body has yet to discuss the three seats to be vacated by the party-list. 

GMA News Online has requested comment from Duterte Youth on Comelec's issuance of the certificate of finality, but it has yet to respond as of posting time. 

In August, the Comelec en banc affirmed a decision nullifying the registration of the Duterte Youth party-list as void ab initio due to its failure to comply with the mandatory requirements of publication and hearing in relation to its candidacy in 2019.

It also found the party-list committed other grounds for cancellation including untruthful statements on their petition particularly the eligibility of their nominees; and having no bona fide intention to represent the sector they wanted to represent. 

The en banc also said the withdrawal and substitution en masse as well as the switching of Duterte Youth party-list nominees in the 2019 polls undermined the spirit and intent of the party-list system and mocked the election process. 

On September 3, Duterte Youth asked the Supreme Court to issue a TRO that would prevent the Comelec from enforcing its ruling that upheld the nullification of the party-list group's registration.

In a 34-page petition, it also asked the High Court to issue a writ of preliminary injunction and status quo ante order to restore the status before the promulgation of the nullification.

The Duterte Youth asked the SC to nullify and set aside Comelec's rulings on the matter, arguing that these were issued with "grave abuse of discretion."

Ronald Cardema, chairperson of Duterte Youth, had said that even if there are those who do not like his party-list organization, Filipinos would like at least one congressman who would push for the restoration of the death penalty for all the corrupt individuals and plunderers.

Duterte Youth, which stands for Duty to Energize the Republic through the Enlightenment of the Youth Sectoral Party-list Organization, ranked second during the May 12 elections, garnering 2,338,564 votes and translating to three seats at the House of Representatives. — VDV/RF, GMA Integrated News