Duterte can join 2016 race

17
 Brillantes

Brillantes

Former Comelec chairman sees no legal obstacle in Davao mayor’s possible bid

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Former elections commission chairman Sixto Brillantes Jr. on Tuesday said he sees no legal stumbling block should Davao City Mayor Rodrigo Duterte proceed with his decision to join next year’s presidential elections via substitution.

“Yes, of course [he can run for President]. I have always been very consistent in saying that when [ Martin] Diño filed [his certificate of candidacy for President]as the official candidate of PDP-Laban. And therefore, if he decides to withdraw before December 10, he can be substituted before December 10,” Brillantes, a known elections law expert, told reporters.

The former Commission on Elections (Comelec) chief explained that under the country’s election code, substitution is allowed if a candidate dies, is disqualified or withdraws his certificate of candidacy.

He said Duterte’s case fits in on the ground of withdrawal.

The rules on substitution also require that the substitute candidate must belong to the same party as the candidate being replaced.

Both Diño, a former Quezon City barangay (village) captain, and Duterte are members of PDP-Laban.

Dino, chairman of theVolunteers Against Crime and Corruption (VACC), filed his certificate of candidacy for President last October 16, the last day of the period for the filing of COC, but he erroneously indicated that he was running for mayor of Pasay City (Metro Manila).

Dino later withdrew his COC for President and in his stead named Duterte as his substitute.

His withdrawal was premised on a letter sent to him by the Comelec asking him to explain why he should not be declared a nuisance candidate.

Earlier, another election law expert, Romulo Macalintal, expressed his doubts about Duterte’s plan to substitute for Diño.

Macalintal said the Davao City mayor cannot legally substitute as Diño’s COC was defective and that the Comelec may declare him a nuisance candidate.

“He was recognized by the Comelec as presidential candidate but he later withdrew, so what’s the issue?” Briillantes said.

He explained that the error in Dino’s COC was a non-issue because it was clear that the form was for President and was recognized by the Comelec that he was a presidential candidate as implied by the notice asking him to explain why he should not be declared a nuisance candidate.

Brillantes pointed out that the Comelec cannot declare Dino anymore a nuisance candidate because “he has already withdrawn his certificate of candidacy” and thus is no longer a candidate.

“So how can you declare a non-candidate a nuisance candidate?” Brillantes said. “It’s already moot and academic.”

“It would be improper to say for Comelec that he is a nuisance [candidate]. What is the purpose? To prevent him from running?” he added.

The former Comelec chief also explained that the prerogative to substitute belongs to the PDP-Laban, not to the withdrawing candidate or Duterte.

According to Brillantes, Duterte should withdraw his COC for mayor of Davao City and needs to take his oath as member of the PDP-Laban as part of the process of substitution before the party can issue him a certificate of nomination and accreditation or CONA.

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17 Comments

  1. Mayor Rodrigo Duterte is quàlifed to substitute for Dino as a presidential candidate. It’s the error of Comelec for giving a presidential candidate form for Mayor it is an honest mistake for Dino ‘ overlook that what he signed was for Mayor. The head office of Comelec entertains only national & not local candidates. Congrats Mayor Duterte for being so brave in announcing that Grace Poe is not a qualified candidate directly to the people.The other presidential candidates attract Grace unch of backfighterPoe thru the back by announcing that they are not the ones behind the disqualification case impose on Poe. They are a bunch of backfighters at mga Duwag

  2. laguatanlawzen.com on

    The legal opinion of former Comelec Chairman Sixto Brillantes is legally correct while that of Macalintal’s opinion is untenably incongruous with the provisions of the law.

  3. Sa Davao AFP, POLICE,
    NPA. MILF,MNLF, BIFF lahat nirispito nila si DUTERTE dahil taas tingin nila ky DUTERTE at nirispito dn sila ni duterte! Ganyan brod basta ayos ang namamahala sa isang logar. Yn dn dahilan safe ang davao sa kagolohan

  4. These people are making a mockery of our laws. One person has all the time in the world to file and refused to and for some flimsy reason suddenly changed his mind. The other decided to be a U.S citizen then there is an opportunity here decided to be a Filipino citizen again which she renounce a few years ago. Are these the people that will run our country ? Instead of do not cry for me Argentina, it will be do not cry for me Pilipinas…

  5. In the first place this Brillantes was responsible for making Grace garnered the most votes in 2013 senatorial elections thru his Hokus Pocus machine.

  6. In order for duterte to substitute dino the former should at least be a PDP member for at least 6 months. But the article says duterte should immediately take his oath as pdp member. Wala pa bang 6 months?

  7. Yes by all means Mayor Duterte can substitute Diño as candidate for President. The law says clearly in simple language, both must be from the same party and endorsed by the party. That’s it no other language or conditions set forth for one to be a subtitute candidate. None mention of the original candidate has been facing an impending diaqualification, nor the said candidate erroneously filed certificate of candidacy, but there is in the COC one can file an amended COC. So what is the fuss all about.

  8. 1.)The Intramuros Comelec office receives only CoCs of candidates for national elective positions such as president, VP, senators and partylist nominees.Candidates for local officials such as Mayor of Pasay file in their local Comelec offices.

    2) Comelec officials received the CoC and PDP-Laban CONA of Martin Diňo of Quezon City, the Deputy Sec-Gen of PDP-Laban and Chairman of the Volunteers Against Crime & Corruption (VACC), meaning the documents were in order. Hence, he was listed as a Presidential Candidate # 128.

    3) The Comelec – recognizing Diňo as a Presidential Candidate – sent him just like the others a notice to explain why he should not be disqualified as a “nuisance candidate.” He resented being labeled as a “nuisance” bet so decided to withdraw to
    allow a partymate to substitute for him, a right that may be exercised by his political party.

    Those who are trying to say, like some other lawyers, that Duterte cannot run are just trying to ruffle the feathers and block him in favor of their own chosen candidates. Makalintal is a prime example who is a pro-Llamanzares.

    Brilliones statement holds the most water than any of these other lawyers.

    • Well said & straight to the point,sir. Are makalintal & his likes so afraid of digong that they will put up flimsy excuses just to disqualify him?Although this is still a democratic country we are cursed w/ an abundance of “bright” election lawyers who have enriched themselves at the expense of the clueless candidates/electorate. Let the people decide through a free & honest election though w/ pcos in place I’m not so confident of that at all.

    • apolonio reyes on

      Simple naman ang explanation ni Sixto Brillantes, dating Comelec Chairman at expert election law expert, gaya ni Romulo Makalintal, na kahit MORON ay NAIINTINDIHAN, DI BA BAYAN?

  9. It is clear that the filing of COC by Martin Dino was a ruse. Call it a hoax. An attempt to circumvent…mock, and make fun of the COMELEC election laws.

    This is a plot concocted by the PDP Laban Party.

    We have two contradicting opinions from former legal luminaries Makalintal vs Brillantes. Brillantes claims that Duterte should receive a “pass” and be allowed to file his candidacy for president as a replacement-substitute for Dino.

    But the records are clear. First, Dino misfiled his candidacy for president on the last day, October 16, 2015. Records show that he actually filed for Mayor of Pasay City. There is a serious issue of INEFFECTIVE AND FRAUDULENT FILING which COMELEC has to adjudicate. Strong evidences purport to substantiate the indictment that Dino should be declared A NUISANCE CANDIDATE. As such, there can be no “substitution or replacement provision that can be invoked.” And there the matter rests. Duterte had until October 16, 2015 to file his candidacy. Why did he not? In stead, he filed his candidacy for Mayor-re-elect in Davao.

    Now that the SET has decided via a clearly partisan politics basis to junk the disqualification of Grace Poe Llanizares, Duterte comes forward with his “I cannot accept an American president” (alluding to Grace as the most likely winner of the forthcoming presidential elections.

    The PDP Laban Party president Koko Pimentel has not spoken with Duterte, by Digoy’s own admission, for some 3 years. Why did Duterte make this announcement? This was in aid of his previous tawdry vaudeville that he will not run for president. This was in pursuit of his added denial that PDP Laban Party cannot force him to run for president.

    Well, the mythical bloom is off the rose. What is coming out now is a well-plotted scheme, by Duterte and the PDP Laban Party to “circumvent” the COMELEC ruling
    regarding “no extension of the deadline for filing candidacy” (as reiterated by the Comelec Chairman Andy Bautista). So, what is this “extension to December 10, 2015, to allow substitution all about???)

    The PDP Laban Party is complicit witth Duterte here. But that is a conspiracy theory.

    The fact of reality is clear, however. Dino is a nuisance candidate. So Makalintal’s view must be upheld. Brillantes’ motives and political background should be investigated.

    The COMELEC CHAIRMAN ANDY BAUTISTA really has a simple task here together with his staff. Enforce the law. Strictly. Enough political finaglings and gobbledygooks. DUTERTE, just like POE should be BOTH DQed from running for President of the Philippines.

    These two are nothing more than political charlatans and pettifoggers…whose chances of winning the presidential runoff would depend entirely on how many “sheeps” they can lead to the slaughter.

    The forthcoming elections on May 2016, as it stands, and consistent with the Constitution and the COMELEC laws, rules and regulations, would legally be inclusive among, Miriam Defensor, Mar Roxas and Jojo Binay. That’s it.

    On a footnote, if Duterte is allowed to run for president, what is to prevent Miriam from stepping down, and withdrawing her candidacy for president, and then endorsing Bongbong Marcos as her replacement?

    What will COMELEC say then???

    • Sorry, but Dino has not been and will not be declared as a nuisance candidate. Remember, he withdrew before he could be declared as one.

      It will be next to impossible for COMELEC to show that Dino committed
      “fraud”. Please check your dictionary for the meaning of this word.

      It has been decreed in a number of Supreme Court decisions that COMELEC must be “liberal” in interpreting its laws in respect of CoCs.
      Senator Koko Pimental and former COMELEC Chairman Sixto Brilliantes know what they are talking about. Mayor Duterte will be allowed to run.

    • enough of this drama, basta Du30 kami mga Mindanaowons ug mga Bisaya. with Du30 there’s no problem in legality compared to Llamanzares who will be likely disqualified after SC will hand down their verdict. Truly Llamanzares is a CIA agent, a spy assigned in the Philippines.