SC overturns decision to disqualify Camarines Norte gubernatorial bet
Marje Pelayo • September 13, 2019 • 747
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
MANILA, Philippines – The Commission on Elections (Comelec) on Monday announced the temporary closure of its offices in various areas amid the surge of coronavirus disease cases.
In an advisory, Comelec said its main office in Intramuros as well as the offices of the Regional Election Director of the National Capital Region, and Regions IV-A and IV-B will be closed to the public “for extensive disinfection and decontamination.”
The temporary closure will take effect from August 3 to August 16, the poll body said.
Along with the office shutdown, the issuance of local and overseas voters’ certificates in the main office will also be temporarily suspended, Comelec said.
The poll body, however, said, its officers and employees will continue to perform their functions on a work-from-home basis.
MANILA, Philippines – The Supreme Court on Wednesday ordered the courts in the country to temporarily suspend the issuance of commitment order for the transfer of convicted inmates from detention facilities to the Bureau of Corrections (BuCor).
In a circular posted on the Supreme Court’s Twitter page, Court Administrator Jose Midas Marquez said that all convicted persons deprived of liberty (PDL) who should have been transferred to the BuCor should remain in the facilities of the Bureau of Jail Management and Penology (BJMP) from July 29 to August 31, 2020.
This is in line with the request of BuCor Director General Gerald Bantag to the Office of the Court Administrator to temporarily suspend the issuance of commitment orders to BuCor to prevent the further contamination of COVID-19 and to minimize the movement of inmates.
Both the BuCor and the BJMP have recorded cases of COVID-19 in their facilities with reported fatalities.
Detained persons awaiting or facing trials are placed under the custody of the BJMP while those convicted are under the BuCor.
MANILA, Philippines – Department of Justice (DOJ) Secretary Menardo Guevarra on Friday expressed hope that the Supreme Court will resolve the questions on the legality of Anti-Terrorism Law of 2020 based on the merits, and not the number and personalities behind lawsuits.
“All these petitions, no matter how many they are, will boil down to a common set of constitutional issues. The Supreme Court will resolve these issues on the merits of the arguments advanced by the parties concerned, and not on the basis of their number or personal or professional stature,” Guevarra said.
At least 16 petitions have been filed before the Supreme Court against the controversial measure which came into effect this month.
Among those who questioned the validity of the law were law professors and former officials of the Executive branch and retired Supreme Court Justices.
The petitioners questioned the vague and broad provisions of the law that may lead to arbitrary and discriminatory enforcement and malicious prosecution of innocent people.
Petitioners also urged the high court to declare the entire law unconstitutional and to stop its implementation.
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