Manila – The Supreme Court of the Philippines conducted oral arguments on Tuesday regarding a legal challenge brought forth by a party-list group against the candidacy of former Commission on Elections (Comelec) commissioner Ma. Rowena Amelia V. Guanzon. The case focuses on the circumstances under which Guanzon was nominated as a party-list candidate in the recent national elections.
According to Philippines News Agency, state lawyers representing the poll body, the Comelec did not overstep its authority in accepting Guanzon as a substitute nominee for the P3PWD (Komunidad ng Pamilya, Pasyente at Persons with Disabilities).
Assistant Solicitor General Ma. Victoria Sardillo-Salom, speaking on behalf of the Comelec, asserted that the poll body acted within its discretion and did not commit any grave abuse of power. Sardillo-Salom referenced Republic Act No. 7941, the law governing party-list elections, which grants the Comelec the power to create rules and regulations. She argued that the resolutions issued by the Comelec should not be used to prevent a duly appointed nominee from assuming office. The substitution of nominees, as occurred in Guanzon's case, was described as unfortunate but permissible under the law.
The petition against Guanzon's candidacy was filed by Duterte Youth (Duty to Energize the Republic through the Enlightenment of the Youth), represented by its chairman Ronald L. Cardema and Rep. Ducielle Marie S. Cardema. The group contends that the substitution process was a deliberate attempt to mislead voters and potentially disenfranchise them if the substituting nominee were not allowed to take a seat in Congress. Guanzon retired from the Comelec on February 2, 2022, and on June 14, 2022, requested the substitution of five new nominees, including herself, which was approved by the Comelec the following day.
Under the Party-List Systems Act (RA 7941), party-list representatives must be named 45 days before the elections, with no changes or alterations allowed after submission to the Comelec, except in cases of death, withdrawal, or incapacity of the nominee. Substitution due to death or incapacity is only permitted until mid-day of election day. Furthermore, the petitioners referenced the Code of Conduct of Public Officials (RA 6713), highlighting those public officials and employee should not have any financial or material interest in transactions requiring the approval of their office for one year after leaving public service.