The Commission on Elections (Comelec) isn't surprised that Duterte Youth Party-list has turned to Supreme Court (SC) following the decision of the poll body, sitting as National Board of Canvassers (NBOC), to suspend its proclamation.
At A Glance
- The Commission on Elections (Comelec) isn't surprised that Duterte Youth Party-list has turned to Supreme Court (SC) following the decision of the poll body, sitting as National Board of Canvassers (NBOC), to suspend its proclamation.
Duterte Youth Chairman Ronald Cardema had warned the poll body that the disgruntled party-list would challenge its decision before the High Court for alleged grave abuse of discretion.
But Comelec Chairman George Erwin Garcia didn't seem rattled by Duterte Youth's move.
"Tama lang po 'yan. Ineexpect po 'yan. Kasama po 'yan sa expectation ng (That’s just right. We are expecting it. It's part of the expectations of the)...National Board of Canvassers," Garcia said Tuesday, May 20, in an interview with reporters.
Cardema on Tuesday filed a petition for certiorari and sought a temporary restraining order (TRO) against Comelec's decision to suspend the party-list's proclamation because they believe it was "a grave abuse of discretion".
Cardema said Comelec's suspension was only based on a "hao shao" or shallow case filed against them in 2019.
The paty-list chairman even argued that they were already allowed to take House seats after the 2019 and the 2022 elections. Garcia said it was because of the new Comelec leadership.
Garcia stood by their action and said they would still decide on Duterte Youth's fate even if they were already proclaimed.
"Sa amin po, tama pwede pong i-akusa kami ng grave abuse of discretion amounting to lack or excess of jurisdiction dahil yan naman po lagi ang basehan ng isang peittion for certiorari (For us, what they did is just right—to accuse us of grave abuse of discretion amounting to lack or excess of jurisdiction—because that's always the basis of petitioners)," Garcia said.
He said it was better for Comelec to merely suspend the party-list's proclamation than withdraw their candidacy and nullify their position.
He says Comelec could still act on pending cases against a candidate while he or she is not yet proclaimed, has not yet taken oath, and has not yet assumed office.
"Sa isang banda hindi po ba maganda mapag-isipan din po ng party-list na 'yan na ito na yung tamang pagkakataon upang ma-resolba ang kaso. Kasi darating at darating ang tamang panahon na mareresolba yung case na 'yan (On the other hand, shouldn't the party-list think that it's already the right time to resolve their case? Because the right time will come when their case would have to be resolved)," Garcia said.