Comelec Commisioner Guanzon: Cardema’s party-list substitution ‘not yet granted’

MANILA, Philippines— Commission on Elections Commissioner Rowena Guanzon, the lone dissenter in the substitution plea of former National Youth Commission Chair Ronald Cardema, said his substitution as Duterte Youth nominee has not yet been granted.

Within minutes of Comelec spokesperson James Jimenez's announcement on social media that Cardema's substitution as Duterte Youth nominee had been approved, Guanzon tweeted that the “substitution is not yet granted.”

The substitution of Ronald Cardema as Duterte Youth nominee has been approved, with one Commissioner dissenting and one abstention. #NLE2019 pic.twitter.com/EvJVD6vtgk

— James Jimenez (@jabjimenez) June 4, 2019

“Re:Cardema  Not the substitution but his application for substitution was given due course,” Guanzon tweeted.

"Given due course" means a petition has moved forward but does not necessarily mean it has been approved or disapproved.

“His substitution is not yet granted because there is a pending petition or opposition on the ground that he is over 30 years old and cannot be a rep of a youth sector party list,” Guanzon added in a tweet that Jimenez also shared on social media.

Comelec grants withdrawals of Duterte Youth nominees

In the three-page excerpt from the continuing session of the en banc pursuant to Comelec Resolution No. 10529, the Comelec said it granted the withdrawals of the Certificate of Acceptance of Nomination of the following:

• Ducielle Marie Suarez (Cardema's wife)
• Joseph De Guzman
• Benilde De Guzman
• Amaldo Villafranca
• Elizabeth Anne Cardema

They resolved to give due course to the nomination of the following new nominees as substitutes:

• Ronald Gian Carlo Cardema

• Gian Carlo Galang

• Catherine Santos

• Kerwin Pagaran

• Sharah Shane Makabali

The Comelec en banc also denied due course to the nomination as substitute of Allan Kevin Payawal as the 6th nominee because the original nominees are only five.

“This pertains to the Memorandum dated May 13, 2019 of Director Maria Norina S. Tangaro-Casingal, Law Department, relative to the Withdrawal with Substitution of all the Nominees of Duterte Youth Party-List in connection with the 2019 National and Local Elections,” the excerpt read.

Comelec Law Department added that Duterte Youth filed its Certificate of Nomination and the Certificates of Acceptance of its nominees on October 17, 2018.

On May 12, a day before the elections, however, Duterte Youth filed a notice of withdrawal of its nominees.

The resolution was granted by Comelec Chair Sheriff Abas, Commissioners Al Parreño, Socorro Inting, Marlon Casquejo and Antonio Kho. Only Guanzon dissented while Commissioner Luie Tito Guia abstained.

Questions on Cardema's age

Cardema’s petition for substitution had been questioned because of when it was filed and because he is 34 years old. He has said that party-lists that represent the "youth and professionals" sector do not have an age limit.

Jimenez earlier said the period for substitution had “lapsed” on May 13.

However, Comelec Director Frances Arabe, later clarified that Cardema’s petition had been filed at 5:30 p.m. on May 12, a Sunday.

Kabataan Party-list earlier cited that under Section 18 of Comelec Resolution No. 3307-A:

A party-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such, or he withdraws his acceptance to the nomination...

No substitution shall be allowed by reason of withdrawal after the close of polls.

Government offices usually close by 5 p.m. on weekdays and are usually closed on Sundays. The May 13 polls closed at 6 p.m.

Meanwhile, Section 9 of the Party-list System Act stated that a nominee of the youth sector must not be more than 30 years old.

Duterte Youth won one seat in the 2019 polls.