Government lawyers have asked the Supreme Court (SC) to dismiss the petition that challenged the qualification of President-elect Ferdinand “Bongbong” Marcos Jr. as candidate in the last presidential election.
In its comment in behalf of the House of Representatives and the Commission on Elections (Comelec), the Office of the Solicitor General (OSG) said:
“Congress had already steered the course of the next six years when it upheld the people’s will and declared private respondent (Marcos Jr.) as the President-elect.
“The electoral mandate from the sovereign Filipino people is the ultimate political expression that cannot be assailed at all.
“It now behooves the Honorable Court to take the helm and steady the rudder onto the path of unity.”
A summary of the comment was given by the OSG on Monday, June 6, to journalists covering the SC.
There are two petitions filed with the SC on the disqualification of Marcos. Both petitions pleaded for a temporary restraining order (TRO) that could have stopped the canvassing of votes for president and the proclamation of the winner.
Only the first petition filed by Buenafe’s group had been acted upon by the SC by requiring the respondents – Marcos, the Comelec, and Congress – to file their comments on both the petition and the plea for TRO.
Complying with the SC’s directive, Marcos last June 1 filed his comment. He asked the SC to dismiss the petition filed by Buenafe’s group.
“To allow the defeated and rejected candidate to take over is to disenfranchise the citizens representing 58.77 per cent of the votes cast, without fault on their part,” Marcos said in his comment filed by his lawyer Estelito P. Mendoza.
Marcos garnered 31,629,783 as against the 15,033,773 votes of his closest rival, Vice President Maria Leonor “Leni” Robredo. Congress had proclaimed Marcos as President-elect.
He is set to take over the reigns of government at noon of June 30 as the country’s 17th President.
He told the SC the petition against him, filed by Buenafe’s group should be dismissed for lack of jurisdiction and/or complete lack of merit.
He pointed out that after his proclamation only the Presidential Electoral Tribunal (PET) could inquire into his eligibility. The PET is composed of all the 15 members of the SC.
In its comment, the OSG – through Solicitor General Jose C. Calida – said the petition filed by Buenafe’s group “was doomed from the start” because it peddled the misleading narrative that Marcos was not qualified to run for president.
It said the plea for TRO has become moot and academic following the canvassing of votes and the subsequent proclamation of President-elect Marcos.
Just like Marcos’ manifestation, the OSG said that any challenge on the qualifications of the winning President should be lodged with the PET.
It pointed out that under the Constitution, Congress has the mandatory duty to canvass and proclaim the winners of the presidential and vice presidential elections without delay and restraint.
“Preventing Congress from performing this duty could create a scenario where no President or Vice President shall assume at noon of June 30, 2022, in violation of the Constitution,” it stressed.