MANILA — The Commission on Elections (Comelec) en banc has recognized the new set of nominees submitted by the Duterte Youth party-list.
Based on the Minute Resolution No. 19-0849 by the Commission en banc dated August 28, the poll body approved the nominations of Ronald Cardema’s wife, Ducielle Marie, Guillermo Villareal Jr., Krizza Reyes, and Robert Garcia.
The Commission en banc has also approved the withdrawal of the previous nominees namely Gian Carlo Galang, Catherine Santos, Kerwin Pagaran, and Sharah Shane Makabali.
“The Commission, after due deliberation, resolves to approve the withdrawal of the 2nd, 3rd, 4th, and 5th nominees of the Duterte Youth party-list as acceptance of the withdrawal is merely ministerial and same having been executed in due form,” the resolution, released on Monday, read.
“…To recognize the following as the 2nd, 3rd, 4th, and 5th new nominees of the said party-list as practically the list of nominees is exhausted in view of the withdrawal of the above nominees,” it added.
Ronald Cardema, the first nominee in both sets of nominees, filed his Notice of Withdrawal last September 16 after the Comelec declared him ineligible as nominee for being overaged.
Galang, Santos, Pagaran, and Makabali have separately filed their respective Notices of Withdrawal last July while the latest set of nominees was submitted on August 6.
Party-List System Law states that in cases of vacancy in seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the Comelec by the same party.
Also, the law provides that the party, organization, or coalition concerned shall submit additional nominees if ever the list is exhausted.
On the other hand, under Comelec Resolution No. 9366, “withdrawal of nomination or acceptance of nominations shall be in writing and under oath, and filed with the Law Department of the Commission in Manila before the close of polls”.
Meanwhile, the Comelec junked the letter submitted by election lawyers Sixto Brillantes and Emil Maranon questioning the withdrawal and substitution of the party-list group.
The poll body, in Minute Resolution No. 19-0850, was not convinced that the withdrawal and substitution are illegal and are tantamount to a mockery of the law.
“(The law) recognizes the submission of additional nominees once the list is exhausted. To rule otherwise would result to an absurdity not contemplated by law,” it said.
The Duterte Youth Party-list won a seat in Congress after receiving more than 350,000 votes in the May 2019 polls.