Rizalito David. SCREENGRAB FROM INQUIRER.net VIDEO
SAYING he wanted to correct the mistakes of the Commission on Elections (Comelec), Rizalito David Monday filed a second petition before the poll body challenging the presidential bid of Davao City Mayor Rodrigo Duterte.
David, a defeated senatorial candidate in 2013, said Duterte’s certificate of candidacy (COC) was not “validly and seasonably” filed and his substitution of Martin Diño was “legally infirm.”
He said the Comelec should nullify Duterte’s substitution of Diño and cancel his COC.
The Comelec announced just five days ago that it was accepting Duterte’s COC as a substitute candidate for Diño, but stressed that it was doing so as a matter of ministerial duty, without prejudice to any disqualification cases that had been filed or had yet to be filed against his candidacy.
Beyond deadline
Diño was the original presidential candidate nominated by the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) but he withdrew his candidacy in late October even before the Comelec could declare him a nuisance candidate.
The Comelec First Division also has yet to resolve a case on the validity of Diño’s COC, which indicated he was running for mayor of Pasay City instead of for president under the PDP-Laban.
In his petition, David argued that it was “crystal clear” that Duterte’s COC for president was filed beyond the deadline, which was Oct. 16.
He also said the Comelec should not consider the document as having been validly filed since Diño’s withdrawal of his COC was in circumvention of the amended Comelec Rules of Procedure.
Bypassing the rules of the election body made the substitution of Diño by anyone, including Duterte, infeasible.
“As there was no valid substitution, not to mention that [Duterte’s] COC was not seasonably filed, his candidacy cannot, therefore, take off. The commission cannot turn a blind eye to these violations,” said David in his petition.
David said the Comelec en banc accepted Duterte’s “belatedly” filed COC for president as part of its ministerial function while the substitution issue of Diño was still pending resolution.