Election watchdog Kontra Daya is opposing the move of National Youth Commission chairman Ronald Cardema to substitute as party-list nominee for Duterte Youth.
The group said the substitution would be the ultimate mockery of the party-list system.
Cardema filed his motion only on Thursday (May 16), or three days after the May 13 midterm polls ended.
But, according to Kontra Daya convenor Danilo Arao, there could be no substitution after the elections close.
“The rules are clear as may be gleaned from Sec. 8 of the Party-list System Act of 1995 and Sec. 18 of COMELEC Resolution No. 3307-A,” he said.
The group cited Sec. 18. Substitution of nominees. – A party-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such, or he withdraws his acceptance to the nomination. In any of these cases, the name of the substitute nominee shall be placed last in the list of nominees.
“No substitution shall be allowed by reason of withdrawal after the close of polls.”
Arao said Cardema was clearly circumventing the law.
He added that other public officials are deemed resigned when they accept a nomination for party-list representative.
“Cardema never resigned as NYC chairman but actively campaigned for Duterte Youth. Now he wants to sit as its representative in Congress. He wants to have his cake and eat it too, so to speak,” said Arao.
Kontra Daya said the independence of the Commission on Elections would be seriously put into question if it allowed this illegal substitution for a known Duterte ally.
“Allowing it will cement public perception that the COMELEC is under the control of the Duterte cabal in Malacañan Palace,” it added.
The group urged the poll body to dismiss outright Cardema’s pleading and “save whatever little is left of the integrity of the party-list system.”
The COMELEC should not be a party to the further erosion and destruction of this system by allowing such a patently illegal substitution,” it added.
Two days before the May 13 elections, Kontra Daya issued a statement condemning party-list groups that “do not represent the marginalized and underrepresented.”
The group identified some of those including the ACT-CIS, Ako-Bicol, 1 Pacman, Magsasaka, Probinsyano Ako, Abamin, Buhay, Kalinga, A Teacher, PBA, CWS, LPGMA, Kabayan, Amin, Manila Teachers, Abang Lingkod, Abono, AGAP, APEC, 1-Ang Edukasyon, Kontra Brownout, and Duterte Youth.
“These dubious party-list groups are making a mockery of the party-list system. They perpetuate the dominance of the rich and powerful in the House of Representatives,” said Arao.
The party-list system was created by virtue of Republic Act 7941, known as the Party-List System Act, which was enacted in 1995.
Under the law, those who received at least two percent of the total votes cast for the party-list system shall be entitled to one congressional seat each while those who received more than two percent of the votes shall be entitled to additional seats in proportion to their total number of votes.
Each party-list organization shall not be awarded more than three seats in Congress.
The law specifically provides that party-list groups should represent “marginalized and underrepresented sectors” that include laborers, peasants, fisherfolk, the urban poor, indigenous cultural communities, the elderly, the handicapped, women, youth, veterans, overseas workers, and professionals.