Comelec 1st division cancels Cardema’s nomination as Duterte Youth party rep
Robie de Guzman • August 5, 2019 • 538
MANILA, Philippines – The first division of the Commission on Elections (Comelec) on Monday ordered the cancellation of the nomination of former National Youth Commission (NYC) Ronald Cardema as a representative of the Duterte Youth Party-list in the 18th Congress.
Comelec spokesperson, director James Jimenez announced the decision on his Twitter account.
“The nomination of Respondent, Ronald Gian Carlo L. Cardema, as the first nominee of Duterte Youth party-list is hereby cancelled,” read the dispositive portion of the poll body’s first division resolution obtained by UNTV News and Rescue.
Two of the three-member division, Commissioners Rowena Guanzon and Marlon Caquejo, voted in favor of the petition while Commissioner Al Parreño was on official business.
In a 25-page resolution, the Comelec 1st division said that Cardema committed material misrepresentation on his age when he filed his nomination bid.
The division said Cardema was not eligible to be nominated as Duterte Youth party representative contrary to the declaration he made in his Certificate of Acceptance of Nomination.
He was also aware that he is already 34 years old, and thus “committed a falsity when he misrepresented that he eligible for nomination” despite not possessing the age qualification provided by law for representatives of the youth sector.
Section 9 of Republic Act 7941 or the Partylist Law provides that a nominee of a youth party-list group must be between 25 to 30 years old.
“In view thereof, this Commission finds respondent to have committed material misrepresentation on his qualifications,” the resolution read.
During hearings, the camp of Cardema claimed that Duterte Youth is a multi-sectoral party representing not only the youth sector but also the young professionals and this, he is eligible to be nominated despite his already being 34 years old.
But taking the petition as a whole, the division said, it can be observed that the party intended to limit its representation of professionals only insofar as “young professionals” are concerned. The division noted that Cardema himself admitted to this effect in the pleadings he filed.
“While it may be true that Duterte Youth Party-list represents both the young and young professionals, it is important to consider that the professionals being represented by the party are the “young ones,” who would necessarily belong to the youth sector,” the resolution stated.
“With this in mind, this Commission finds no reason why the age qualification provided by law for nominees of the youth sector should not be applied to the respondent,” the resolution added.
Election Lawyer Emil Marañon, counsel for petitioners against Cardema’s nomination, welcomed the Comelec division’s decision.
“We are happy to announce that with the vote of 2-0, the Comelec First Division has granted our Petition seeking the cancellation of the nomination of Gian Carlo Cardema as the First Nominee of the Duterte Youth Party-List,” Marañon said on a Twitter post.
“Hopefully, this decision will be the first step towards the reform of the party-list system, that is to bring it back to the truly marginalized and underrepresented sectors,” he said in a separate statement.
MANILA, Philippines – The voter registration in Batangas and Cavite areas affected by the eruption of Taal Volcano will resume on Monday, February 3, the Commission on Elections (Comelec) said Thursday.
In a statement, Comelec said the voter registration for the 2022 elections will resume in the following places in Batangas province due to a return to normal working conditions:
In Cavite, the poll body said that registration of voters will also resume in Alfonso, Indang, Silang, Tagaytay City, and Amadeo.
Meanwhile, the voter registration in the municipality of Mataas na Kahoy in Batangas will resume on February 10, according to Comelec.
The poll body earlier announced the suspension of the registration in areas within and beyond the 14-kilometer danger zone of Taal Volcano during its eruption.
MANILA, Philippines – Senator Sherwin Gatchalian has urged his fellow lawmakers to expedite the passage of a bill seeking to grant tax exemption to the honoraria, transportation allowance and other benefits for public school teachers who will be on duty in the May 2022 elections.
In a statement, Gatchalian said that his measure, Senate Bill No. 1193, primarily introduces amendments to the National Internal Revenue Code of 1997 so teachers can receive the full amount of their honoraria and other benefits.
The Bureau of Internal Revenue started imposing five percent withholding tax on poll workers’ election service honoraria and other allowances since the 2018 barangay elections.
The lawmaker stressed that despite the continuous service that these poll workers render to ensure the transmission of results, they still have to pay income tax if their annual taxable income, which includes such honoraria and allowances, exceeds the P250,000 threshold under the Tax Reform for Acceleration and Inclusion (TRAIN) Law.
“Mahabang oras ang inilalaan ng mga guro upang siguruhin ang kaayusan at integridad ng ating mga halalan,” Gatchalian said.
“Kaya naman inihain natin itong panukalang batas na ito upang kilalanin ang kanilang mahalagang papel para pangalagaan ang ating demokrasya,” he added.
The bill also proposes to exclude teachers’ poll honoraria and allowances from gross income. Under the Election Service Reform Act (ESRA), chairpersons of electoral boards are each entitled to receive P6,000. Each member of electoral boards receive P5,000. Department of Education Supervisor Officials (DESO) receive P4,000 each while support staff receive P2,000 each.
A travel allowance of P1,000 is also allotted to each of these poll workers. The ESRA, though, has no provision for tax exemption.
Aside from the necessity of paying income tax despite the poll workers’ arduous work during elections, Gatchalian also lamented the process they have to go through to collect their pay.
To collect their election honoraria and benefits, poll workers have to go to the local Commission on Elections (COMELEC) offices and submit a declaration of exemptions if they earn less than P250,000 annually.
“Napapagod na nga ang ating mga guro tuwing halalan, kailangan pa nilang dumaan sa isang komplikadong proseso para makuha lang nila ang kanilang sahod at mga benepisyo. Kung hindi na papatawan ng buwis ang sahod at benepisyo ng mga guro tuwing halalan, hindi lang sila basta makakatanggap ng kabuuang bayad, mas mapapadali din ang proseso para sa COMELEC,” he said.
Gatchalian believes the proposed measure is the best way to thank teachers and other poll workers for ensuring clean, honest and orderly elections in the country.
MANILA, Philippines – The Commission on Elections (Comelec) on Friday announced that the voter registration for the 2022 presidential elections will resume nationwide on Monday, January 20, except in some areas in Batangas and Cavite that were affected by the ongoing eruption of Taal Volcano.
Comelec Spokesperson James Jimenez said voter registration in municipalities and towns of Batangas located within the immediate danger zone and other areas surrounding the Taal Volcano will be suspended.
These places include:
Mataas na Kahoy
Voter registration will also be suspended in the following localities outside Taal zone but still affected by ashfall, earthquakes, impassable roads and power interruptions:
San Luis, Batangas
Jimenez said the resumption of the voter registration in areas affected by Taal Volcano unrest will be “contingent on the ability of those places to recover and return to normalcy.”
Taal Volcano remains under alert level 4, which signifies an imminent hazardous explosion, despite decreasing emissions. The volcano belched ash and smoke last Sunday, January 12, which sent thousands of residents scrambling to safety.
Aside from these areas, Comelec said the resumption of voter registration will also be deferred in Makilala, North Cotabato which was hit by a strong earthquake last December 2019.
Registration is also postponed in 24 municipalities in Palawan province to give way to the May 11, 2020 plebiscite on the proposal to split the province into three areas.
As for the rest of the country, the poll body said the application and updating of records will be done at the Office of the Election Officer from Mondays to Saturdays including holidays, from 8 a.m. to 5 p.m.
Applicants must be at least 18 years of age on or before election day or on May 9, 2022; a resident of the Philippines for at least one year; and must have lived in the place where he or she intends to vote for at least six months on or before election day.
The registration period will run until September 30, 2021, except on the following dates:
April 9, 2020 (Maundy Thursday)
April 10, 2020 (Good Friday)
December 25, 2020 (Christmas Day)
April 1, 2021 (Maundy Thursday)
April 2, 2021 (Good Friday)
Comelec also said that registered voters as of May 13, 2019 midterm elections need not apply anew.
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