SC sheds light on Maliksi case rulingBy Tetch Torres-Tupas
MANILA, Philippines -The Supreme Court has clarified its decision in the election case of Imus, Cavite Mayor Emmanuel L. Maliksi, saying it only affirmed and upheld Maliksi’s right to due process.
In a 13-page dissenting opinion, which later became the majority view, Associate Justice Lucas P. Bersamin said: “I write this dissent not to validate the victory of any of the parties in the 2010 Elections. That is not the concern of the Court….The Court should not countenance a denial of the fundamental right to due process, which is a cornerstone of our legal system.”
“The proceedings conducted by the (Comelec’s) first division, the results of which became the basis of the questioned resolution, were void and ineffectual for being in abject violation of Maliksi’s right to due process,” Bersamin said.
The ruling was made public following insinuations from Commission on Elections Chairman Sixto Brillantes and unseated Imus Mayor Homer T. Saquilayan that the high court’s ruling was influenced by political and personal considerations.
With the high court’s ruling, the writ of execution issued by the Comelec against Maliksi is undone.
In his appeal, Maliksi pointed that the writ of execution is irregular. Being issued by the Comelec en banc, he said it should be signed by all commissioners. In this case, however, only Comelec Chair Sixto Brillantes Jr. and the Clerk of Court signed the order.