NextGen Day

The officials of the Commission on Elections (Comelec) Second Division have been asked by petitioners to disqualify themselves from the Commission en banc’s examination of the case seeking to withdraw presidential aspirant Ferdinand “Bongbong” Marcos Jr.’s candidacy.

“Other just, consistent, and equitable reliefs likewise prayers for as: (a) the automatics and mandatory inhibition of the members of the Second Division of the Commission from considering this Motion for Partial Reconsideration and (b) a finding by this Commission En Banc as to the circumstances surrounding the use of the intemperate and improper language by the Second Division,” the petitioners, led by Fr. Christian Buenafe, said in a 24-page motion for paternity leave.

Presiding Commissioner Socorro Inting and member Commissioners Antonio Kho and Rey Bulay make up the Second Division.

“The tone, references, and gratuitous accusations against petitioners and their counsel by the Second Division in its Questioned Resolution certainly go beyond the pale of sober and impartial adjudication and partake of partisan collaboration that is utterly destructive of due process,” the petitioners said of their request for the poll body to look into the “intemperate” and improper language allegedly used by the said division.

The petitioners further claimed that the Second Division infringed on their “right to have their petition adjudicated by a fair quasi-judicial panel.”

“A finding by this Commission En Banc that the Second Division acted with grave abuse of discretion in rendering its Questioned Resolution, and possibly that the Second Division acted maliciously in doing so, would inevitably lead to a finding that the Second Division acted with grave abuse of discretion in rendering its Questioned Resolution.” “At the end of the day, such a determination would render the Questioned Resolution null and void,” the motion continued.

The petitioners also asked that the January 17 resolution be overturned, that their petition to invalidate Marcos’ certificate of candidacy (COC) be granted, and that his name be removed from the list of official presidential candidates on the official ballot for the May elections be granted.

The group’s plea was refused by the poll body’s Second Division last week due to a lack of merit.

The petitioners requested that Marcos’ COC be revoked in November 2021, stating that he made a false material representation when he indicated in his COC that he is eligible to run for President despite an earlier conviction for failing to file income tax reports between 1982 and 1985.

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