Comelec 1st division cancels Cardema’s nomination as Duterte Youth party rep
Robie de Guzman • August 5, 2019 • 375
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.
The Commission on Elections (Comelec) on Monday (Sept. 16) asked, during the Senate budget hearing, for a P9.8-Billion budget for 2020.
The poll body said this will cover the P5.77-Billion budget for the 2020 Barangay and Sangguniang Kabataan elections (BSKE), which they have been preparing for despite President Rodrigo Duterte’s previous statement that he wants it postponed.
Comelec said Congress has to enact a law for the postponement of the BSKE.
“Ang pakiusap namin, your honor, is sana mapabilis iyong pagpasa ng batas otherwise we have no choice but to incur some expenses preparatory expenses especially so na tali po kami ng procurement law,” said Comelec Chair Sheriff Abas.
Comelec added that should the BSKE be postponed, they request for it not to be held close to the 2022 elections.
“If postponement happens it would be preferable if it would be one year before or one year after the May 2022 (elections). So, it could be either May 2021 or May 2023,” said Commissioner Antonio Kho, Jr.
The Senate budget hearing also focused on the low voter turn-out of overseas Filipino workers (OFWs) in the last election.
Of the five million OFWs who are qualified to vote, only 1.8 million were registered and only 18% of which actually voted.
Comelec pointed out the inadequate information dissemination for voters and the distance of the voting centers in some countries as reasons for the low voter turn-out. (from the report of Mai Bermudez) /mbmf
MANILA, Philippines – Voting 8-6, the Supreme Court (SC) on Tuesday (September 10) granted the petition of Camarines Norte gubernatorial candidate Edgardo Tallado who questioned his disqualification by the Commission on Elections (Comelec) in the last May 19 elections.
Tallado was allowed to run after the SC issued a Status Quo Ante Order (SQAO) following Comelec’s decision to disqualify him from the race.
The SC decision, penned by Chief Justice Lucas Bersamin, stated that the Court En Banc overturned the Comelec’s decision to disqualify Tallado to run in the gubernatorial race.
The SC Public Information Office will issue a copy of the decision through its website once they receive the official copy from the Office of the Clerk of Court En Banc.
Concurring with Bersamin were Justices Diosdado Peralta, Alexander Gesmundo, Andres Reyes Jr., Jose Reyes Jr., Amy Lazaro-Javier, Henry Jean Paul Inting and Rodil Zalameda.
Dissenting were Justice Francis Jardeleza, Antonio Carpio, Estela Perlas-Bernabe, Marvic Leonen, Alfredo Benjamin Caguioa, and Rosmari Carandang.
Comelec had disqualified Tallado to run due to what the poll body says as questionable years of service as governor of Camarines Norte, pointing out that should they grant Tallado’s certificate of candidacy, it would have already been his 4th term as governor.
The law provides that gubernatorial post is only limited to three consecutive terms.
However, Tallado took his case to the Supreme Court questioning the decision of the Comelec, insisting that he is still eligible to run for the May 2019 polls as he was suspended from office in 2015 and was reinstated only in 2018.
Tallado won as the governor of Camarines Norte after garnering 149,002 votes against his rival Cathy Barcelona-Reyes who had 104,635 votes.
Comelec has yet to comment on the matter as it yet to receive a copy of the SC decision. — Marje Pelayo
The Commission on Elections (Comelec) has junked the poll protest of former Pasig Mayor Robert “Bobby” Eusebio against incumbent mayor Vico Sotto.
Based on the decision of Comelec 2nd Division promulgated last August 30, the said protest is “insufficient in form and substance.”
“Protestant failed to provide a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the protested precincts as required by Section 7(g) Rule 6 of Comelec Resolution no. 8804,” the decision states.
The Comelec 2nd Division said Eusebio’s party was not able to provide enough evidence that there was an anomaly during the Pasig City mayoral race last May.
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