Case vs Marcos goes to high court

Accept poll results, BBM camp tell critics

BY ASHZEL HACHERO and JOCELYN MONTEMAYOR

A CASE seeking to cancel the certificate of candidacy of presumptive president Ferdinand Marcos Jr. (BBM) has reached the Supreme Court, with the petitioners asking the high court to stop the Senate and the House of Representatives from canvassing the votes for Marcos in the May 9 elections and from proclaiming him as the country’s next president.

Based on partial, unofficial results of the May 9 polls, Marcos has an unassailable lead, garnering at least 31 million votes compared to the 14.8 million of his closest rival, Vice President Leni Robredo.

Marcos’ spokesman Vic Rodriguez appealed to those who are continuously “pursuing divisiveness” to accept the results of the elections and “learn to respect the will of the people.”

He asked those against Marcos to stop pursuing their own personal agenda and to instead to devote their time to more productive things.

Rodriguez also said the Marcos camp continues to extend the hand of unity and to work for the betterment of the country and Filipinos.

Petitioners Fr. Christian Buenafe, Fides Lim, Ma. Edeliza Hernandez, Celia Lagman Sevilla, Roland Vibal, and Josephine Lascano asked the court to issue a temporary restraining order (TRO) to “enjoin and restrain” both houses of Congress from canvassing the votes of Marcos and proclaiming him as president.

They said due to Marcos’ misrepresentations in the certificate of candidacy (COC) he filed with the Commission on Elections, it is imperative for the SC to cancel or deny due course to his COC, and declare it void ab initio.

They said that with the misrepresentations, Marcos must be deemed to have never been a candidate for the presidential race from the very beginning and the votes attributed to him in the recently-concluded elections considered “stray.”

“Elections are more than a numbers game. The will of the people as expressed through the ballot cannot cure the vice of ineligibility. The balance must always tilt in favor of upholding and enforcing the law,” the petitioners said.

“All told, a candidate’s putative election victory cannot subsequently cure his ineligibility,” the petitioners added.

Comelec acting spokesman John Rex Laudiangco said the poll body welcomes the petition which also seeks to reverse the Comelec’s decision o dismiss the disqualification case against Marcos.

“The Comelec will always abide by any notice and decision of the highest court of the land,” said Laudiangco.

“We will await the decision of the Supreme Court on the matter,” he added.

Comelec Commissioner George Garcia it is the petitioners’ right “to seek redress from the High Court of something they believe is a valid justiciable controversy.”

At the House, deputy speaker Rufus Rodriguez said Congress should proceed with the canvassing of votes for president and vice president next week despite the petition.

The House and the Senate will begin canvassing of votes for the presidential and vice presidential candidates on May 24.

“We have a constitutional duty to perform, and we should do it unless the Supreme Court stops us,” said the veteran lawyer-lawmaker who was supported Vice President Leni Robredo in the presidential race.

Rodriguez pointed to the Constitution which states, “The returns of every election for President and Vice President, duty certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.”

It further states: “The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.”

“Clearly, the Constitution directs us to do the canvass. It even sets a timeline. We have to carry out this mandate, unless and until there is a restraining order from the Supreme Court,” Rodriguez said.

Bayan Muna party-list Rep. Carlos Isagani Zarate “there is a righteous expectation among our people for the Supreme Court to act with dispatch” on the petition.

“It is expected that this petition will not follow the Comelec’s delayed resolution due to alleged ‘political interferences’ from quarters that would benefit from its delay. Such delay and interference may cast a serious doubt on the independence of institutions like the High Court, as it did with the Comelec” he said.

“There should be no delay. The speedy resolution and the gravity that this decision carry are matters that cannot be taken for granted,” Zarate said. “What is at stake here is not only the political future of a convicted person but the future and survival of our country as well.”

Spokesman Rodriguez said said there is yet no decision as to where to hold Marcos’ inauguration on June 30.

He said the Quirino Grandstand in Manila, where previous presidential inaugurations were held, is being used for COVID-19 efforts such as vaccination and quarantines centers.

Duterte-Carpio, in a radio interview on Monday, said she is planning to hold her inauguration as vice president in Davao City on June 19 so she could attend Marcos’ inauguration on June 30.

She said the plans are still being finalized. — With Gerard Naval and Wendell Vigilia

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