Duterte wins round 1 in DQ

MANILA, Philippines - Voting 6-1, the Commission on Elections (Comelec) yesterday accepted the substitution of Davao City Mayor Rodrigo Duterte as standard-bearer of the Partido ng Demokratikong Pilipino – Lakas ng Bayan (PDP-Laban) in the May 2016 polls.

“After deliberation (Wednesday) afternoon, the commission, voting 6 to 1, resolved to acknowledge and accept the certificate of candidacy (COC) for president of Rodrigo Duterte, being a ministerial function of the commission,” Comelec Chairman Andres Bautista said in a press briefing.

Bautista, however, clarified that the decision “is entirely without prejudice” to the disqualification case filed by broadcaster Ruben Castor against Duterte and former Violence Against Crime and Corruption chair Martin Diño whom the mayor substituted.

“I think what this means is that he is now in our list of candidates. So that was an administrative decision that the Comelec en banc made. But again I would like to emphasize this is without prejudice to any disqualification cases that had been filed or may have been filed against him,” he noted. 

Those who voted to accept the substitution are Bautista and Commissioners Christian Robert Lim, Al Parreño, Arthur Lim, Luie Tito Guia and Sheriff Abas. 

Commissioner Rowena Guanzon dissented, saying the Comelec should wait for the disqualification case to be resolved first. 

“There is a pending case, Castor versus Duterte (15-194 DC), wherein the petitioner alleges that Duterte’s COC is void because it contains untruthful facts or misrepresentation. There is also the issue regarding his notarized documents. The truth or falsity of which must be determined before his COC is accepted,” maintained Guanzon, who belongs to the First Division.

The case has been submitted for resolution last Wednesday after Castor or his lawyer Oliver Lozano failed to show up during the preliminary conference before the Comelec First Division.

It is scheduled for hearing today. 

Castor, in the petition, alleged that the substitution is not valid because Diño was running not for president but for mayor of Pasay City as indicated in the latter’s COC.

The First Division intends to summon the two lawyers that notarized Duterte’s COC for president and his document withdrawing his COC for Davao city mayor.

According to Bautista, they consulted the Comelec Law Department regarding the matter.         

“We were briefed on the issue. After considering the issue, we said from an administrative standpoint we will accept the substitution, but as we said subject to whatever cases that are filed currently. I don’t know if there are anymore case that will be filed in the future,” Bautista said.

The poll chief denied that Comelec is giving Duterte special treatment.  

“No special treatment for anyone.  We try to objectively assess each and every case,” Bautista added.

Comelec Commissioner Christian Robert Lim explained that the limitation of their administrative function is to check if the substitute and the substituted candidates belong to the same party. 

“But when you go to the intrinsic issue, whether his COC is truthful, that is covered by the case... So in matters of form, basically, there was compliance. But in terms of intrinsic validity of the COC, that is the subject of the case,” Lim added.

‘Very qualified’

Vice President Jejomar Binay welcomed yesterday the Comelec decision to include Duterte in the list of presidential candidates for the 2016 elections, saying Duterte is “very qualified” to run.

Having extensive experience as local executives, Binay said he and Duterte are “models of correct governance.”

Sen. Alan Peter Cayetano, Duterte’s running mate, asked for prayers yesterday as he pointed out that “if God intends (Duterte) to become President, then he will be.”

“The Comelec en banc’s decision to accept Mayor Rodrigo ‘Rody’ Duterte’s CoC and allow his substitution for Martin Diño is certainly a welcome development. It has affirmed the right of Mayor Duterte to run. This now provides our people with clear choices on who can really bring about dramatic and real change in our country,” said Cayetano.

He also called on the Comelec’s First Division to be fair in looking into the disqualification case lodged against Duterte, saying it “is a simple open and shut case and we are clearly on the side of the law and jurisprudence.”

Davao City Rep. Karlo Nograles said the 6-1 decision “gives confidence to the voters that the Comelec is not involved in any shenanigan or operation called ‘Last Man Standing’ or any of that sort.”

“It has always been our position that all qualified presidential candidates must be given the opportunity to run in the election and no voter be disenfranchised from selecting his favored candidate by over stretching technicalities and disqualifying opponents. With this decision we can now move on with the campaign proper and concentrate on getting Mayor Rody Duterte’s message across – that there can be no true development for our country if we do not have total peace and order,” Nograles added.

 Bayan Muna party-list Rep. Neri Colmenares, a senatorial candidate under the Partido Galing at Puso of Sen. Grace Poe, also welcomed the decision of the Comelec that would allow people to choose the candidate they wanted to vote for next year.

The administration coalition said Duterte’s entry into the presidential race is expected.

 “From the start, we already expected that he would be one of our rivals. We are ready for anything,” Koalisyon ng Daang Matuwid spokesman and Akbayan Rep. Ibarra Gutierrez said in a phone interview yesterday.

 He added that they are not intimidated by the tough-talking mayor even when Duterte and administration bet Manuel Roxas II recently had a word war that threatened to degenerate into a slapping match. With Helen Flores, Paolo Romero, Mike Frialde, Alexis Romero