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MANILA – Commission on Elections acting spokesperson Rex Laudiangco on Friday explained why the poll body approved its former commissioner Rowena Guanzon’s bid to become a party-list representative.

• Comelec OKs Guanzon's bid to become party-list representative

National Youth Commission chairman Ronald Cardema, who was disqualified by Comelec in 2019 as representative of the Duterte Youth Party-list for being overaged, said he would oppose the approval of Guanzon as a substitute nominee.

Cardema had stressed that the deadline for substitution had already lapsed in November 2021.

• Cardema hinamon si Guanzon sa debate tungkol sa party-list substitution
• Guanzon dares Cardema to show evidence over party-list ouster claims

Laudiangco told TeleRadyo that Comelec Resolution 10717, which set the November 15 substitution deadline, does not tackle events that take place after the elections.

“Sa pagkakataon pong ito, ito kasi yung same rules na yan, hindi po nag-provide ng kumpletong instances on what sa mangyayari after ng elections. So ang nangyari po kasi dito sa P3PWD partylist, nag-resign po lahat yung kanilang nominees,” he said.

(The rules do not provide for what must be done after the elections. Like in the case of P3PWD party-list, all their nominees resigned after the polls.)

The lawyer said the poll body approved Guanzon’s bid to replace the group’s original nominees on the basis of Sections 8 and 16 of Republic Act 7941 or the Party-list System Act.

The original set of nominees of Komunidad ng Pamilya Pasyente at Persons with Disabilities party-list, which won a seat in the House of Representatives, resigned on June 14.

“Ang sabi po doon kasi sa Section 8 po na ‘yan, wala pong alteration or change of names na magaganap after it has been submitted to Comelec, without its prior approval. Tapos po naganap pa nga po yung withdrawal na alam niyo naman po, hindi naman namin sila pwedeng pilitin, wala namang power ang Comelec na hindi, 'wag kayong mag-withdraw, wag kayong mag-resign, dyan lang kayo, wala naman pong power ang Comelec na ganyan.”

(Section 8 of that law states that alterations or change of names cannot happen after they have been submitted to Comelec. But the nominees resigned--and as you already know, the Comelec has no power to force nominees to stay in their position.)

“So nung na-determine po ng Comelec law department na nasa yung legalities at porma nung affidavit of withdrawal, ito’y notaryado, ito ay under oath, nalaman, nakita po yung pirma nila, tapos po may sinumite pa na board resolution mismo ang P3PWD patungkol dito sa withdrawal of acceptance of nomination."

(So the Comelec law department saw that the affidavits of withdrawal met legal requirements--they were signed, under oath, and notarized, and P3PWD itself submitted a board resolution about the withdrawal of the acceptance of nomination)

"Meron din pong isinumite na affidavit na signed mismo ng Secretary General nila patungkol po dito, again, sa withdrawal, tsaka submission ng new list, so nag-comply po sa legalities at formalities yung kanilang ginagawa,” he explained.

(Their Secretary General also submitted a signed affidavit on this, and submiited a new list, so they met all the legal requirements.)

Laudiangco noted that Section 16 of the Party-list System Act requires that a group must submit a new list of nominees in the case of vacancy in the seats reserved for their representatives.

“Otherwise po kasi, hindi mapupunan yung vacancy na naganap (the vacancy won't be filled),” he said.

He noted that this is not the first time this has happened to a party-list group.

Laudiangco had earlier said that those opposed to Guanzon's substitution as P3PWD party-list nominee have until June 30 to file their petition before the poll body.

He said there are 2 possible petitions versus Guanzon:

• Petition to deny due course and/or cancellation
• Petition for disqualification

Laudiangco said that after noon of June 30, jurisdiction over such petitions shifts to the House of Representatives Electoral Tribunal.

• Public can file case vs nominee substitution: Comelec spox
• Oppositors can block Guanzon's party-list substitution until June 30: Comelec

--TeleRadyo, 17 June 2022