An urgent petition for certiorari has been filed before the Supreme Court to stop the substitution of former Comelec Commissioner Rowena Guanzon for the P3PWD party-list.
The petition was filed by National Youth Commission chairperson Ronald Cardema and his wife Duterte Youth party-list Representative Ducielle Cardema, claiming that Guanzon’s substitution is unlawful since the substitution period expired in November 2021.
Cardema said only involuntary substitution must be approved such as in the instances of death of the nominee.
“Last June 2, 1st nominee Grace Llanesa took her oath as [congresswoman]. After 2 weeks nag-oath na naman na she’s not anymore able to serve,” he said.
“Clearly, there is a discrepancy in the statement under oath, talagang mayroong fraud o planado po ang pagwi-withdraw. Kahit anong reason ang ilagay nila diyan alam niyong niloloko ‘yung taumbayan,” he added.
Cardema said it is a violation of the Anti-Graft and Corrupt Practices Act, noting that it has not been over a year since Guanzon retired as Comelec commissioner which prevents her from receiving any benefits from the poll body.
This prompted them to ask the high court to issue a temporary restraining order directing the Comelec not to issue the certificate of proclamation for Guanzon, to not let her assume office in Congress, and to annul the Comelec’s resolution which allows her substitution.
“She filed her substitution petition last Tuesday and it was approved by the en banc Wednesday, within 24 hours – ‘yon ang tinawawag na undue haste, within 24 hours you approved the substitution of your former colleague,” he said.
In a text message, Guanzon said she will answer the petition but stressed that Cardema’s action will no longer affect her following Comelec’s approval of her substitution.
On Tuesday morning, June 21, Guanzon filed libel and unjust vexation charges before the Quezon City Prosecutor’s Office against Cardema.
“‘Yung kay Cardema na atake sa akin, personal ‘yan. Kaya unjust vexation talaga ‘yan dahil hindi siya nakaupo na representative dahil asawa niya ang pinaupo namin. Eh bakit siya uupo eh over age siya?” Guanzon stressed.
The Comelec said a similar case already happened in the past.
“In all instances, the ruling of the commission had been consistent. Unless there is a clarificatory amendment to RA 7941, particularly on Sections 8 and 16, this would be the rule to be followed by the commission in similar cases,” Comelec Spox. Atty. John Rex Laudiangco said.
Laudiangco also clarified that this will not be a reason for non-candidates to be elected since partylist groups are the ones running in the partylist elections. – Report from Kenneth Paciente–ag
