The Commission on Elections announced on Tuesday it has approved the move of National Youth Commission chairman Ronald Cardema to substitute as nominee of the winning party-list group Duterte Youth.
“The substitution of Ronald Cardema as Duterte Youth nominee has been approved, with one Commissioner dissenting and one abstention,” said James Jimenez, Comelec spokesperson.
Cardema is 33 years old, and based on the provision of the Party-list System Act, a nominee of the youth sector must not be more than 30 years old.
In a resolution, the Comelec stated that the withdrawal documents submitted by the Duterte Youth’s first five nominees were “in compliance” with existing party-list laws.
Those who signed the approval were Comelec Chairman Sheriff Abas and Commissioners Al Parreño, Socorro Inting, Marlon Casquejo, and Antonio Kho Jr., while Commissioner Rowena Guanzon dissented.
Commissioner Luie Tito Guia, who earlier disapproved the group’s accreditation as a party-list, abstained from the voting, saying “I abstained to be consistent with my earlier vote to deny the accreditation.”
Cardema will now be able to assume the post at the House of Representatives in the 18th Congress.
Election watchdog Kontra Daya opposed this, saying the substitution would be the ultimate mockery of the party-list system.
Cardema filed his motion only on May 16, or three days after the May 13 midterm polls ended, and according to Kontra Daya convenor Danilo Arao, there can 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 A party-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such, or he withdraws his acceptance to the nomination.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 Chair 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 earlier that the independence of the Comelec will be seriously put into question if it allows 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 Comelec should not be a party to the further erosion and destruction of this system by allowing such a patently illegal substitution,” it stated.
Two days before the May 13 elections, Kontra Daya issued a statement condemning party-list groups, including Duterte Youth, 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, 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.