Wednesday, December 23, 2015

UP student council chairman files 3rd DQ case vs. Duterte | News | GMA News Online

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The chairman of the University Student Council in UP Diliman has asked the Commission on Elections to disqualify Davao City Mayor Rodrigo Duterte from next year's presidential elections.

It's the third petition filed against the presidential candidacy of the outspoken mayor.

In a 24-page petition, John Paulo Delas Nieves sought the cancellation of Duterte's certificate of candidacy for president and the removal of the local official's name from the ballot.

Delas Nieves asked the Comelec to declare as invalid Duterte's substitution of Martin Diño, who was the PDP-Laban's original presidential candidate. He also asked the commission to cancel Diño's COC.

Aside from Duterte and Diño's COCs, the petition's annexes also included a report from the Commission on Human Rights regarding Duterte's alleged violations of human rights.

The Comelec on Friday heard the petition against Duterte's candidacy filed by broadcaster Ruben Castor. Another was filed by defeated senatorial candidate Rizalito David on Monday.

No bonafide candidate

In his petition, Delas Nieves said there "was no bonafide candidate that the respondent (Duterte) could validly substitute for."

He added that Dino may not be considered as one because the latter was filed "to circumvent election laws by merely extending the non-extendible period to file COC for the position of President, an act meant solely to benefit respondent Duterte."

"On account of the material defect in the COC of Dino which is evident on its face, the said certificate of candidacy is therefore null and void and no valid candidate exists for whom Rodrigo Duterte can substitute. Dino himself could never be considered to have ever filed a valid certificate of candidacy," Delas Nieves' petition read.

He added that there are "other vital facts and arguments which, if taken together, would display Dino's intent to make a mockery of the Presidential elections," as well as Duterte's "intent... to mock, debase and taint the integrity" of the same.

It includes the following:

- Dino's CIC "was not properly notarized" as it had no indications of "competent proof of identity," which "sends a strong signal" that it "was hurriedly prepared to be a placeholder" for Duterte;

- Duterte filed a COC for reelection in Davao City during the week-long filing last October, and that substituting "is a mere afterthought";

- Duterte's withdrawal of his COC for mayor and filing for President "is a direct circumvention of the prohibition against" filing two COCs for two different positions in the same elections;

- Duterte's statement of withdrawal for his COC for mayor showed he swore before a notary public in Davao City, while his COC for President indicated that he swore before another in Pasig City "at the same time and on the same day";

- Duterte was running under PDP-Laban in his COC for president, which was not the party indicated in his COC for mayor; and

- His COC for President was filed "42 days late" from the Oct. 16 deadline.

'Flouting' with laws

In his petition, Delas Nieves also accused Duterte of committing "deliberate" misrepresentation of "a material fact" in his COC because "in truth and in fact he is openly flouting duly promulgated laws and the Constitution."

In a statement sent through his lawyer, Delas Nieves said he filed the petition because of his belief that human rights must be respected.

"Inculcated within every UP student is the belief in the dignity of every person and the respect for human rights. The filing of this petition is my contribution to that belief," he said.

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He added that Duterte's "disregard" for human rights may lead to "another Marcos-style dictatorship."

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