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PDP-Laban dispute: SC rules for Duterte-Cusi group

Daphne Galvez - The Philippine Star
PDP-Laban dispute: SC rules  for Duterte-Cusi group
The SC denied the petition filed by Pimentel and Pacquiao and affirmed the decision of the Commission on Elections (Comelec) to recognize the Cusi-led group.
Philstar.com / Irra Lising

MANILA, Philippines — The Supreme Court (SC) has resolved the leadership dispute in the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban), recognizing the faction led by detained former president Rodrigo Duterte and Alfonso Cusi over the faction led by former senators Koko Pimentel and Manny Pacquiao.

The SC denied the petition filed by Pimentel and Pacquiao and affirmed the decision of the Commission on Elections (Comelec) to recognize the Cusi-led group.

Comelec Chairman George Garcia said the SC decision affirmed the poll body’s decision.

In 2021, Pacquiao expressed his intention to run for president in the 2022 elections under PDP-Laban. However, Cusi held meetings with local party leaders and endorsed a different presidential candidate who was not a party member.

As a result, Pimentel and Pacquiao, who head the National Executive Committee, passed a resolution advising the National Council to ask Cusi to justify why he shouldn’t be expelled due to his actions, which they claimed went against the party’s interest.

As authorized by Duterte, PDP-Laban’s National Council, presided over by Cusi, met in May 2021 in Cebu City and appointed Melvin Matibag as acting secretary general.

Meanwhile, the committee, led by Pimentel, expelled Cusi and Matibag and declared their party positions vacant. Officers were elected, with Pimentel as the acting chairman due to Duterte’s continued absence and incapacity.

In resolving the case, the SC said that under PDP-Laban’s constitution, the vice chairperson may take over the chairperson’s duties in cases of absence or incapacity.

In this case, the SC pointed out that Duterte had already authorized Cusi to organize and lead the May 2021 meeting through a memorandum.

The SC ruled that even if there were procedural issues – such as lack of coordination with Pacquiao or defective meeting notices – the meeting was valid because a proper quorum was present.

The high court noted that out of 162 voting members, 126 or about 80 percent attended, which is way above the required quorum of 40 percent attendance of all voting members.

It also pointed out that based on PDP-Laban’s constitution, any defect in giving notice does not invalidate proceedings if a quorum exists.

The SC said that since the May 2021 meeting was valid, the actions taken during and after it – including the July 17 national assembly – were also valid because Cusi, as vice chairman, had the authority to perform functions assigned by the National Council.

The SC also ruled that the expulsion of Cusi and Matibag and the appointment of Pimentel as acting chairman were void since Pimentel’s committee does not have such power under the party’s constitution. –  Mayen Jaymalin

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