Article by:
Ferdinand Patinio
MANILA – The Akbayan party-list on Tuesday asked the Commission on Elections (Comelec) to reconsider its decision junking their petition to disqualify presidential aspirant Ferdinand “Bongbong” Marcos Jr. from the May 9 elections.
In a 16-page motion for reconsideration (MR), Akbayan chairperson emeritus Etta Rosales, First Nominee Percival Cendaña, and Second Nominee Dr. RJ Naguit called on the Comelec en banc to reverse the decision of its First Division and include the points raised by retired Commissioner Rowena Guanzon in her separate opinion in the deliberation of the case.
“Wherefore, the Petitioners respectfully pray that the Resolution dated 10 February 2022 of the Former First Division of this Honorable Commission be set aside and that the instant Petition for Disqualification be granted,” the motion said.
Cendaña said they will pursue the case until the end.
"The fight is far from over. Bongbong cannot just sweep this under the rug. His tax evasion conviction and his continuing attempts to deceive the public are stains that won’t wash away. These will haunt him throughout the campaign. We will pursue this to the end and ensure a just conclusion to the case," he said in a statement.
The petitioners also claimed that the First Division's ruling may be void and may have violated its own rules when it issued the decision with only two actively serving commissioners.
“The Comelec's rules provide that a Division shall be composed of three commissioners. As such, the decision issued on the petitions may be void as it was issued by a Division that was not validly constituted, there being only two commissioners left. Had they issued the resolution when the Division was still validly constituted by three Commissioners, then it would have been a valid resolution," he added.
Cendaña added that the February 10 resolution of the poll body's First Division is null and void as this was not issued by "a validly-constituted Division".
“Since there were only two Commissioners in the so-called ‘First Division’ or the so-called ‘Former First Division’ there clearly was no validly-constituted Division of the Comelec, to begin with. Consequently, the so-called ‘Resolution’ dated 10 February 2022 should not be treated as one that is validly issued by the Comelec. It is nothing more than a document issued by two Commissioners, but certainly not a Resolution or Decision that should be treated as having been issued by the Comelec,” the petitioners added.
The group also called on Commissioner Aimee Ferolino, the ponente of the February 10 decision, to inhibit herself from the en banc’s deliberations as her involvement in the serious accusations made by former Commissioner Rowena Guanzon undermined her credibility and integrity.
On Monday, another petitioner, Abubakar Mangelen filed his MR on the three disqualification petitions which were consolidated by the division.
The other petitioner is Bonifacio Ilagan. (PNA)
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