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25 nobyembre 2022, Biyernes

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SC hit Comelec over exclusion of ’nuisance’ VP bet

By Nidz Godino

“Clearly, being known throughout  Philippines and having  established network nationwide are not qualifications for vice president…in fact, lack thereof is not even grounds to be declared  nuisance candidate in accordance with  Omnibus Election Code,”  Supreme Court (SC) has reprimanded members of  Commission on Elections (Comelec) who did not include vice presidential aspirant on the ballots for  May 2022 polls. In a decision dated July 5 but made public on November 22,  SC admonished  Comelec for not complying with  temporary restraining order (TRO) that would have prevented Wilson Amad’s exclusion from  official ballots. Amad’s exclusion came after  Comelec en banc upheld on January 3, 2022,  first division’s finding on December 13, 2021, that he had failed to prove  he had  bona fide intention to run for vice president and that his popularity in Northern Mindanao, coupled with  capitalization of the use of social media, will be enough to launch and sustain  nationwide campaign.

SC said  1987 Constitution only prescribes age, citizenship, voting and residence qualifications to be able to run for vice president.

In Amad’s case, there was no evidence to prove his filing of  certificate of candidacy was intended to put  election process in mockery or to cause confusion among voters, the SC said.

“Moreover,  Comelec’s allegation that Amad is only known within Northern Mindanao also does not establish that he has no bona fide intention to run for vice president, thus, it is manifestly clear  Comelec committed grave abuse of discretion when, without any factual or legal basis, it denied Amad’s motion for reconsideration, and declared him  nuisance candidate” it said.

 Comelec knew that Amad had availed himself of remedies before SC to challenge its declaration of him as nuisance candidate as early as January 4, the high court said.

Amad obtained  TRO on January 20, but he learned from news reports  Comelec had already made public what looked to be  ballot face, which did not include his name among  list of vice presidential candidates, on January 25.

 “Notably, without considering Amad’s statutory right to challenge  Comelec dispositions, Comelec proceeded with its pre-election activities, and even commenced  printing of  serialized ballots without Amad’s name on January 23, 2022, after  Court’s issuance of TRO,” it said.

The Court found it proper to cite  members of Comelec in contempt for violation of  TRO and to impose  penalty of severe reprimand.

“On this note, however,  Court recognizes  composition of  Comelec has changed since  issuance of  TRO and its consequent violation,” the decision read.

“As such,  Court clarifies  resolution of this case only affects  Comelec and its membership, who were the ones directly responsible for  TRO’s violation,” it stressed.

According to the SC, Comelec en banc decision was penned by Chairman Sheriff Abas, with Commissioners Rowena Guanzon, Socorro Inting, Marlon Casquejo, Antonio Kho Jr., and Aimee Ferolino concurring.

Abas and Guanzon retired in February, while Kho is now  member of the high court. Kho did not participate in the deliberations on Amad’s petition at the SC. 

Court called on  Comelec to immediately resolve all cases pending before it.

It also urged poll body to publish its schedule of events, including pre-election activities, to inform  public or those who seek to challenge  Comelec’s rulings.

The Comelec welcomed  call by  SC to make public its activities and events.

“Makakaasa po ang ating Korte Suprema at ang mamamayang Filipino na tapat at agad na tatalima at susunod ang Comelec sa desisyong ito ng Kataas-taasang Hukuman, pati na ang mga susunod pang desisyon sa iba pang kasong panghalalan,” Comelec spokesman John Rex Laudiangco said in a message to reporters.

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