SC sheds light on Maliksi case ruling



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.

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  • rudy_boy

    OK, so how about the unlimited ADs, any clarifications

  • Ronnie Santos

    this is the result of the the order of sj sereno na dignified silence kuno yan na mis interpret tuloy ni brillantes ang ruling. naka pagtataka lang bat kailangan mag labas ng order si sj sereno ng dignified silence eh samantala sya ni leak nya ang dessenting opinion nya kay gma nun. nakakapag duda tuloy kung talagang mahalaga sa mamayan ang transparency na pinaglalaban ng karamihan. baka transparency lang kabag pabor sa kanila o di kaya hindi pabor sa kalaban.

  • speedstream2

    Say what you will, but a flip-flop is still a flip-flop. Which begs the question: anymore flip-flops in the horizon?

  • boldyak

    ibig sabihin ba, hindi alam ni Com. Brillantes na kailangan signed by all commissioners and writ of execution?…ang mga naupo ba sa pwesto alam ang patakaran?…kaya mahina ang mga institution natin dahil sa kawalan ng alam ng namamahala…rules are there to be followed, if not…paikot-ikot lang tayo…walang patunguhan

  • Guest

    ang sabihin ninyo nalagyan kayo…kupal

  • Ako_Hiking

    So if it’s a member of the Aquino group the excuse is upholding due process but yet if it is against Gloria, the same due process is not extended to her. There seems to be favoritism and double standards when it deals with Aquino’s people and Gloria.

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