SC orders Comelec, Marcos, Congress to answer bid to cancel COC
MANILA, Philippines (Update 2, 6:22 p.m.) — The Supreme Court has ordered the Commission on Elections, Ferdinand “Bongbong” Marcos Jr. and the two chambers of Congress to answer a petition brought to its seeking the cancellation of Marcos’ Certificate of Candidacy.
The SC, supposedly on a writing break until next month, issued a resolution dated May 19 requiring the respondents to comment on the petition and prayer for temporary restraining order within 15 days from notice.
The SC Public Information Office said the order is issued "considering the allegations contained, the issues raised and the arguments adduced in the petition, without necessarily giving due course thereto."
"Now therefore, respondents Comelec, [Marcos Jr.], Senate of the Philippines, and the House of Representatives are hereby required to comment on the petition and prayer for [TRO] within a period of 15 days from notice thereof," the SC briefer read.
To note, the SC en banc usually meets on Tuesdays. The SC Public Information Office has yet to respond to questions on whether the SC met for a special en banc session on Thursday and what prompted it.
Marcos manifestation
On the same day that the SC ordered the Marcos campaign and other respondents to file their respective comments, the team's lead counsel Estelito Mendoza also submitted a Manifestation to the SC.
He stressed that following the Constitution, the term of President Rodrigo Duterte shall end noon on June 30, while the incoming president's will start on June 30 following the election.
Article VII Section 4 of the Constitution states:
The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed elected..
Mendoza stressed: "All of the above provisions, in language and intent, are mandatory and the Supreme Court is without jurisdiction to prevent their implementation."
The petition
In the petition, prepared by lawyer Theodore Te, the group elevated their case for the cancellation of Marcos’ COC due to material representations he supposedly made in the document.
The petitioners also sought the issuance a temporary restraining order to enjoin the House of Representatives and the Senate from canvassing the votes cast for Marcos and proclaim him, if he gets the most number of votes, as the 17th president of the country— set next week — pending the resolution of their petition.
With the SC not issuing a halt order as prayed for by the petitioners, the canvassing by the Congress is likely to proceed.
Lead counsel Theodore Te said they are "glad" that the SC required respondents to answer. But he stressed that "time is of the essence, we hope that the period may be considered inextendible."
"The petition is one of first impression and of grave public interest and we hope that the Court will be given the opportunity to rule substantively on the issues raised," he continued.
The petitioners ran to the Supreme Court to ask it to "cancel and declare void ab initio the Certificate of Candidacy for President" filed by Marcos.
"This Petition prays for the invalidation and reversal of the Questioned Comelec Resolutions for having been rendered in grave abuse of discretion amounting to lack or excess of jurisdiction," their Petition for Certiorari read.
Another group of petitioners who are seeking the disqualification of Marcos has also elevated their case to the SC on Wednesday, but the PIO has yet to comment on whether the justices tackled on acted on it.
In the latest unofficial tally on Tuesday afternoon, Marcos leads with 31 million votes with outgoing Vice President Leni Robredo with 14.8 million votes at a far second.
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