Lawyers group to seek SC reversal of Comelec ruling on Cardema's proclamation


Posted at Oct 14 2020 01:54 PM

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MANILA - A group of election lawyers will go to the Supreme Court to question and seek a reversal of the proclamation of the representative of the controversial partylist Duterte Youth as a member of the House of Representatives.

“We intend to go up to the Supreme Court to question sa pagproklama kay Ducielle Cardema, not withstanding the fact that there are pending cases, particularly the issue na hindi pala siya registered. Ang amin lang, simple: kung ‘di registered, bakit ipoproklama,” Emil Marañon III said Wednesday.

(We intend to up to the Supreme Court to question Ducielle Cardema’s proclamation, not withstanding the fact that there are pending cases, particularly on the issue that they are not registered. For us, it’s simple: if you are not registered, why were they proclaimed?)

Marañon said they are looking at this coming Monday to bring the petition before the high court after they receive all pertinent documents from the Commission on Elections.

The group said they are hoping that the Supreme Court will issue a preliminary mandatory injunction to undo the proclamation and temporarily remove Cardema from the House of Representatives.

“Either a preliminary mandatory injunction, or a status quo ante order po. We will ask for that in the Supreme Court. And hopefully the Supreme Court will see the merit of our petition and undo the proclamation of Cardema as soon as possible,” he said in an interview on TeleRadyo.

Cardema, Duterte Youth’s first nominee, was sworn in as member of the House of Representatives on Tuesday.

Comelec Chairman Sheriff Abas said last month that the poll body has cleared the way for Cardema to occupy a seat at the House of Representatives. 

Cardema is the wife of former National Youth Commission chair Ronald Cardema. She had to step in last minute to salvage the party-list's House bid after her husband was disqualified for attempting to represent a youth group despite being overage.

Marañon said there are many issues against the Duterte Youth partylist that the Comelec should have resolved first.

One of the pending cases, Marañon said, is to declare them as not a registered partylist organization as they failed to follow the process of publication and public hearing. A disqualification case was also filed against Cardema.

“Until the end, the Duterte Youth partylist have shown that they are incapable of following basic rules and regulations. They always think that they are above the law.”

“Bakit nasama sa balota? Bakit naproklama? Bakit na reserve ng seat sa Kongreso kung after all, hindi siya dumaan sa notice of publication at hindi rin na-accredit ng Comelec,” he said.

(Why were they included in the ballot? Why were they proclaimed? Why was a seat reserved for them in Congress when after all, they did not go through the process of publication and were not even accredited by the Comelec?)