De Lima: Guanzon has the right to call out colleague over delays in Marcos DQ case

Opposition Senator Leila de Lima has thrown her support behind Commission on Elections (Comelec) Commissioner Rowena Guanzon, saying she has the prerogative to call out her fellow commissioner, Aimee Ferolino-Ampoloquio, on the delayed release of the decision on presidential aspirant Ferdinand Marcos, Jr.’s disqualification cases, since she is the presiding commissioner.

De Lima said that as presiding commissioner of the Comelec’s First Division, Guanzon has the authority to make sure that her commissioners meet the deadline set under Comelec rules regarding the release of decisions.

The senator, who is seeking re-election in the upcoming May 2022 elections, pointed out that though it has been the long practice among the poll body’s commissioners, the time period for the writing and promulgation of decisions cannot simply be left to the discretion of the “commissioner-ponente.”

This practice is what Guanzon actually sought to remedy when she exercised her prerogative as Presiding Commissioner over Ferolino, De Lima noted.

“The period for the writing of the ponencia and its promulgation is not unlimited. In fact, it is specific. It is not the case as Ferolino would somewhat imply that commissioners have a wide discretion in the time of writing decisions,” De Lima said in her recent statement.

While Ferolino cried foul over the “undue rush” being done to her by Guanzon, the former justice secretary said Ferolino should be reminded that under the rules of the Comelec itself, there is a limited period in the disposition of cases.

Though the Comelec rarely followed the deadlines on the disposition of cases, De Lima stressed that it does not mean that Ferolino was correct to ignore the deadline set by her Presiding Commissioner.

“As Presiding Commissioner, Guanzon had the authority to remind the ponente of cases in her Division on the deadline in the writing of decisions. More so in cases of this kind where a leading presidential candidate is sought to be disqualified,” she said.

“In this instance, she is fully supported by the Comelec rules, albeit probably not by Comelec practice,” she added.

She also said Guanzon should not be blamed for announcing her position on the Marcos cases because she knew of the much-abused practice in the Commission where the ponente, instead of the en banc or division, determines when a decision should be released and promulgated.

But Ferolino’s claim the reason she won’t come out with a ponencia is due to Guanzon pressuring her to adopt her position that Marcos should be disqualified, is unfounded.

“Unlike illegitimate influence or interference coming from outside of the Division, there is no prohibition on members of a Division trying to convince other members on the correctness of their position,” de Lima pointed out.

“In fact, the opposite is the principle in collegial bodies. Members are mandated to deliberate, and in their deliberation they are expected to persuade and show the other members the superiority of their opinion. This is the essence of a collegial body,” she explained.

“In writing the ponencia, the ponente should still be guided by the opinions of her two other colleagues in the Division, not only her own,” she reiterated.