Supreme Court affirms disqualification of Maganto, Castelo

MANILA, Philippines - Retired police General Romeo Maganto and singer Anthony Castelo cannot run for senator in the May 10 elections, the Supreme Court said yesterday.

In a minute resolution, the SC said the petitions of Maganto and Castelo questioning their disqualification by the Commission on Elections (Comelec) failed to state material dates showing when notice of judgment, final order or resolution subject of the petition was received, when a motion for reconsideration was filed, and when notice of the denial was received.

“The Court resolved to dismiss the instant petition for certiorari for non-compliance therewith, particularly for failure to comply with Bar Matter No. 287, requiring all lawyers to indicate in all pleadings, motions and papers signed and filed by them in any court in the Philippines the date of their current Professional Tax Receipt,” read the SC minute resolution signed by Clerk of Court Ma. Luisa Villarama.

These details are an important requirement under Rule 64, Section 5 in relation with Rule 46, Section 3 of the 1997 Rules on Civil Procedure, according to the SC.

Based on these grounds, the SC did not discuss the merits of the petitions of Maganto and Castelo, who were represented by lawyer Zenaida Reyes.

In their petitions, Maganto and Castelo asked the SC to allow their names to be included in the ballots for the May 10 elections.

The two contested the findings of the poll body that they lack capability to wage a nationwide campaign since they both registered as independent candidates.

They alleged that the Comelec ruling was “issued in evident discrimination” and “rendered in grave abuse of discretion.”

“Unless the respondent commission is ordered to include the names of petitioners Maganto and Castelo in the electronic ballots, for the May 10, 2010 elections, they will suffer grave and irreparable damage and injury because they would be forever prevented from running for senator by the sheer fact that their names will not be included in the electronic ballots among those voted upon in the May 10 elections,” read their petition.

Maganto and Castelo submitted to the SC letters from the Kilusang Bagong Lipunan to the Comelec endorsing them as senatorial candidates.

Maganto and Castelo were excluded from the initial list of approved 2010 candidates after they failed to prove that they are capable of launching a nationwide campaign.      – Edu Punay