MANILA, Philippines – The Commission on Elections (Comelec) Second Division on Monday dismissed the petition to declare Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) presidential bet Martin "Bobot" Diño as a nuisance candidate for being moot and academic.
“The petition to declare Martin B. Diño as a nuisance candidate is hereby dismissed for being moot and academic,” the decision stated.
“Accordingly, this Commission (Second Division) likewise grants petitioner’s motion to withdraw the petition,” it added.
Comelec said “a moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical value.”
Comelec granted Diño’s petition to withdraw his presidential candidacy based on Section 18, Rule 2 of Comelec Resolution 9984, stating that any candidate may personally file at any time before election day, and under Section 19, which allows aspirants to submit a sworn statement to cancel or withdraw their certificate of candidacy (COC) with the same office where it was filed.
The Comelec is granting the withdrawal of COC “without prejudice to any future ruling on the validity of said COC-formal or substantial that may be raised before the Commission,” it said.
The five-page ruling of was signed by Comelec’s Second Division members, Presiding Commissioner Al Parreno and Commissioners Sheriff Abas and Arthur Lim.
Diño withdrew his COC last October 29 and named Davao City Mayor Rodrigo Duterte as his substitute. He reportedly filed a COC for mayor of Pasay City and not for president.
PDP-Laban member and presidential aspirant Duterte is expected to appear before the Comelec on Tuesday to take his oath before the poll body’s office and strengthen his COC for president as substitute to Diño.