MANILA - The camp of leading presidential candidate Ferdinand "Bongbong" Marcos Jr will seek the dismissal of disqualification cases against him before the Supreme Court, his lawyer said Friday.
The high court has ordered Marcos Jr, the Commission on Elections, the Senate and the House of Representatives to comment within 15 days on a petition for certiorari filed by a group of civic leaders which seeks to overturn the ruling of the Comelec junking their plea to cancel Marcos’ certificate of candidacy.
The same petition urged the high court to issue a temporary restraining order (TRO) to halt the canvassing of votes and the proclamation of frontrunner Marcos.
"A comment is required to be filed on the petition. Therefore in the comment we will be asking for the dismissal of the petition," Lawyer Estelito Mendoza told ANC's Headstart.
"The issue of disqualification was ruled upon by a Comelec division, later on it was ruled upon Comelec en banc, so there are already 2 rulings confirming the qualification of Bongbong Marcos."
Mendoza reiterated that the SC has no jurisdiction to issue a TRO to halt the canvassing of votes and Marcos' proclamation.
He claimed the high court's resolution has denied the petition for a TRO.
"That is extremely stated in the SC resolution that the TRO is denied. I believe that the SC resolution states that the prayer is denied," he said.
The SC has not yet given the petition due course, according to lawyer Pacifico Agabin, former dean of the University of the Philippines College of Law.
"The resolution ordering the respondent to comment does not mean it has given due course to the petition. It is routinary and in all cases the SC requires respondents to comment on the petition," he told ANC's Headstart in a separate interview.
"Usually that resolution of SC requires the respondents to comment because it is in the interest of fairness and due process that the SC does not take any positive action until after it has heard the side of both parties."
--With reports from Mike Navallo, ABS-CBN News