SC sheds light on Maliksi case ruling
More News from 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.
Get Inquirer updates while on the go, add us on these apps:
Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of INQUIRER.net. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City,Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94