MANILA, Philippines – Youth representatives on Tuesday took to the Supreme Court their opposition to the proclamation of Representative Ducielle Cardema of Duterte Youth.
In a petition for certiorari, they urged the high court to nullify the resolution issuing a certificate of the proclamation to the Duterte Youth party-list and entitling Cardema a seat at the House of Representatives.
Petitioners said Resolution No. 20-0382 should be declared as “void ab initio” or void from the beginning “for being premature for having been issued by the Comelec en banc without its Second Division first resolving the prejudicial questions” raised in their earlier-filed case seeking the cancellation of Duterte Youth’s registration.
“That said proclamation was deceptively, deliberately and maliciously issued to assure Duterte Youth of a seat in Congress, bypassing a pending prejudicial case where the evidence of Duterte Youth’s non-registration is not only very strong and apparent but admitted by all parties and evinced by Comelec’s own record,” said the petitioners represented by election lawyer Emil Marañon III.
The case they are referring to was about the question of the accreditation of the Duterte Youth group before the Comelec. They argued that the party-lists petition for registration was not published or went through a public hearing which is a requirement under the law.
The other case was about the disqualification of Cardema who substituted for her husband Ronald. Her husband was disqualified because of his age. Under the law, a youth sector party-list representative must be between 25 to 30 years old. Cardema is 34. This case is still pending.
“If there is a finding… that Duterte Youth is not registered, then [Ducielle] cannot be proclaimed for being effectively a non-candidate,” petitioners said.
However, the Comelec proceeded to issue a Certificate of Proclamation to the Duterte Youth party-list allowing Ducielle Cardema a seat in Congress.
“This brazen accommodation of the seemingly sacred Duterte Youth is the most unconstitutional act ever done by Comelec in its 80-year history. This constitutes grave abuse of discretion amounting to lack or excess of jurisdiction,” they said.
Petitioners said a status quo ante is necessary to restore the situation prior to the proclamation otherwise “it would work injustice” to them.
“With the proclamation of Ducielle Cardema and with the acquisition of jurisdiction of the HRET (House of Representatives Electoral Tribunal) would give Comelec an excuse to dismiss their unresolved cases,” petitioners said. [ac]
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