• Comelec junks case vs Duterte

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    THE Commission on Elections (Comelec) on Monday threw out one of the four petitions seeking to disqualify Davao City Mayor Rodrigo Duterte from the presidential race because the complainant failed to appear during the preliminary conference.

    Dismissed by the poll body’s First Division was the complaint filed by John Paulo delas Nieves, chairman of the University of the Philippines Student Council.

    A preliminary conference is required before oral arguments are held. Acting Clerk of the Commission Abigail Justine Lilagan said the petitioner’s failure to appear in the hearing is a ground for dismissal.

    Lilagan, however, added that the First Division may still proceed with hearing the case if majority of the members will vote for it.

    Three other petitions against Duterte are pending. The cases were filed by broadcasters Ruben Castor and Rizalito David and Elly Pamatong.

    All petitions questioned the validity of Duterte’s substitution for former barangay (village) captain Martin Diño.

    Although substitution is allowed under the law, the complainants claimed that Diño wrote in his certificate of candidacy (COC) that he was running for mayor of Pasay City (Metro Manila), not for President of the Philippines.

    The petitioners also claimed that Diño’s COC was void because it contains several material misrepresentations that violate “the mandatory provisions of Article 5 of the Civil Code, and also Section 74 of the Omnibus Election Code.”

    Substitution is allowed under Article IX, Section 77 of the Omnibus Election Code.

    The article states, “If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belong[ing]to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who die[d], withdrew or was disqualified.”

    But despite legal and technical questions on Duterte’s substitution, the Comelec, with a vote of 6-1, accepted the Davao City mayor’s COC for President and officially included him on the list of candidates for President in the May 2016 elections.

    But Comelec Chairman Andres Bautista pointed out that there is a possibility that Duterte may still be disqualified by the First Division but that the ruling can be appealed before the commission en banc.

    “Remember that when the en banc accepted the substitution, it was essentially peforming an administrative function. The First Division, in hearing the case, is performing a quasi-judicial function and that decision of the division can be appealed  to the en banc,” the Comelec chief explained.

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    13 Comments

    1. Bihira na lang ang kandidato na totoo sa kanyang sarili, hindi corrupt at kabutihan lang ng bansa ang iniisp pero andyan si sen alan at mayor nagbibigay ng pagasa sa ating lahat

    2. Sabi na nga ba malalampasan mo din yan, Kay mayor duterte at cayetano siguradong hindi tayo magsisisi kapag sinuportahan natin sila

    3. The integrity of these Commissioners is already dubious but they can refurbish it per using prudence to decide on the disqualification case of Duterte since the COC of Dino which he substituted is defective for Pasay City Mayor is the position not the President of the Philippines.

    4. The DQ case of Duterte has no way out but to be favored for the alibi of clerical error is absurd to overturn the fact that the COC is defective ab initio because primarily Dino never initiated a move to correct it and secondly is the fact that the Notarizing lawyer is duty bound to read and explain the contents of the COC to the client before notarizing it so there’s no reason to use clerical error as excuse for the position applied by Dino is none other but Mayor of Pasay City. However if COMELEC Commissioners turn a blind eye to facts and rule of law like what they did to DQ Poe as revealed by Commissioner Lim in his dissenting opinion and allow Duterte to run then these Commissioners are bias

    5. dapat lang nman na ibasura ang kaso,kasi,karapat dapat nman tlgang tumakbo si Mayor sa pagka presidente.

    6. That a$$h0!€ Bautista is the lackey of BS Aquino. Bautista maybe the chairman of COMELEC but he is not the boss of the 6 COMELEC commissioner.