MANILA, Philippines — The lawyers of president-elect Ferdinand Marcos Jr. has asked the Supreme Court to junk the petition seeking the cancellation of his Certificate of Candidacy as they urged the tribunal to “protect” the choice of the Filipino people.
In a 45-page comment made public on Wednesday, Marcos, through his lawyers led by veteran litigator Estelito Mendoza, sought the dismissal of the Petition of Certiorari filed by the civic leaders, through their counsel Theodore Te.
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The civic leaders failed to secure a favorable ruling at the Commission on Elections, prompting them to elevate their case to the SC.
In their comment on the plea, Marcos’ team said: “It is respectfully prayed of the Honorable Court to protect the free choice of the Sovereign Filipino People that their President is respondent Ferdinand Marcos Jr. and to dismiss the instant Petition for Certiorari dated May 16, 2022 for lack of jurisdiction and/or complete of merit.”
This was in compliance with the order of the SC, on May 19, to comment on the petition that also sought the issuance of a temporary restraining order to restrain the Congress from canvassing and proclaiming Marcos as president.
The order however was given a few days before the Congress convened and, on May 25, proclaimed Marcos as president-elect.
Lack of jurisdiction
“The ‘petition’ must be dismissed for lack of jurisdiction. At this point, it is only the Presidential Electoral Tribunal which may inquire into the eligibility of [Marcos],” the lawyers said.
While the 2010 PET Rules hold that the Tribunal “shall be the sole judge of all contests relating to the election, returns and qualifications of the President or Vice-President of the Philippines,” it also said that an election protest may be filed within 30 days after the proclamation of the winner.
The plea of the group led by Christian Buenafe, which assails the Comelec’s resolution that junked their petition, was filed on May 17, when Marcos was yet to be elected, although was leading in unofficial tally.
Under the Rules of Court, a petition for certiorari may be filed when “any tribunal, board or officer exercising judicial and quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting ti lack or excess of jurisdiction.”
The Buenafe petition read: “Respondent Comelec, by refusing to Cancel or Deny Due Course the [COC] of respondent Marcos, Jr. despite his having deliberately made false material representations on two material items, acted with grave abuse of discretion amounting to lack or excess of jurisdiction.”
Marcos already proclaimed
Marcos’ lawyers also pointed out that the Congress proceeded to canvass the Certificates of Canvass and proclaimed him as president.
“In light of the above, the Supreme Court has lost jurisdiction over the instant case. Any issue as to the qualifications of respondent Marcos Jr. falls within the sole and exclusive jurisdiction of the Presidential Electoral Tribunal as provided in the Constitution,” they argued.
Part of the petitioners’ prayer to the SC is to declare Marcos to “have never been a candidate in the 2022 National Elections.” They argued that with his COC voided, the eligible candidate with the next highest number of vote should be proclaimed.
The Buenafe petition also cited cited the Velasco doctrine that explained the second placer rule. In it, the court said that when faced between provisions on material qualifications of elected officials and the will of the electorate, “we believe and so hold that we cannot chose the electorate will.”
But Marcos’ lawyers argued that “the President of the Philippines is chosen by the direct vote of each and every enfranchised Filipino citizen.”
“Thus, the instant ‘Petition’ with prayer to declare [Marcos] ‘to have never become a candidate’ and for ‘the eligible candidate with the next highest number of votes to be proclaimed’ DEFILES THES SOVEREIGN WILL OF THE PEOPLE,” they continued.
Marcos’ lawyers also pointed that his votes were double those of Robredo’s. “[T]he voice of the Filipino electorate is true and clear that they do not only find grounds to disqualify BBM, but they want him to be the President of the Republic of the Philippines,” their comment further read.
Congress, sitting as the National Board of Canvassers proclaimed Marcos as the 17th president of the Philippines on May 25, after securing a historic majority vote of 31,629,783.