MANILA - The Supreme Court resumed hearings on Tuesday regarding the Duterte Youth Party-list's petition challenging Maria Rowena Guanzon's substitution with the P3PWD party-list nominee.

The petition questions the substitution and seeks to nullify the Commission on Election's resolution the assumption to office of Guanzon as party-list representative via substitution method.

Duterte Youth claims that the P3PWD party-list submitted documents after the substitution deadline, violating Comelec rules, Republic Act 3019, and RA 6713.

Guanzon retired from the Comelec on Feb. 2, 2022, and requested substitution on June 14, which was approved the next day.

The Duterte Youth argued the substitution violates the Party-List Systems Act, leading to a temporary restraining order issued on June 29, 2022.

The petitioners also cited RA 6713, arguing against financial interests in transactions for public officials.

During the oral arguments, Justice Alfredo Benjamin Caguioa raised the issue about the TRO when he interpellated Atty. Edward Gialogo, the counsel for the petitioners.

Under Section 7 of the 1987 Constitution, the Members of the House of Representatives shall be elected for a term of three years, which shall begin, unless otherwise provided by law, at noon on the 30th day of June next following their election.

Justice Caguioa said the TRO cannot restrain Commissioner Guanzon from being a member of the House of Representatives.

"There is no act on the part of the House that will make me a member of Congress. There is nothing that Congress does or will do to make me a member of the House because I have a valid proclamation, an oath, and June 30," he said.

"The TRO says I hereby restrain the House of Representatives from allowing Guanzon, but it doesn't need to allow Guanzon to become a member of the house. To be a member of the House, everybody who wins doesn't have to say, 'Hey, House, let me now be a member; I need your consent.' Walang ganun, di ba?" Caguioa added.

The counsel for the petitioners agreed with the argument.

Comelec Chairman George Erwin Garcia said that the commission is currently drafting rules for the 2025 election on the party-list system and has clear-cut guidelines about substitution.

The Supreme Court in 2022 issued a temporary restraining order (TRO) on the assumption to office of Guanzon as party-list representative via substitution method.

The SC granted Duterte Youth's request for certiorari pending a more thorough review of a Comelec resolution allowing Guanzon to substitute as 1st nominee of party-list P3PWD, which bagged one seat in the May polls.

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