“This alone is sufficient to prosecute Rowena Guanzon for misrepresentation.”
The laws are clear that the Comelec approves a decision to substitute party-list candidate and must be published in two newspapers of general circulation.
Ronald Gian Carlo Cardema filed a petition to stop retired Comelec commissioner Rowena Amelia Guanzon from taking her oath as P3PWD party- representative.
Comparing the disqualifications of Cardema and Ret. Guanzon of the Comelec, it is best to trace back the nature of their disqualifications.
Based on Republic Act 7941 or the Party-List System Act, representatives of the youth sector must be at least 25-year-old but not more than 30 years old on Election Day. Cardema is 34 years old.
However, election lawyer then, George Garcia, representing Cardema,argued that there was no misrepresentation as Duterte Youth represented both the youth and professional sectors.
And assuming that Cardema cannot be classified as youth, he can be classified as a representative of the professional sector, according to Garcia.
Rather, the Comelec acted harshly to remove him. It would have been a different situation if what was decided involves election fraud. This calls for the immediate removal from office.
In the case of Rowena Guanzon, she purposely, consciously, and maliciously lied under oath which makes her criminally liable.
This is worse because the person committing criminal act is no less than the former Comelec commissioner. Rowena Guanzon, a public officer in charge of ensuring we have a clean, honest and peaceful election in this country.
To quote a portion of Cardema’s complaint Petition which was granted no less than by the Supreme Court—“In their petition on June 15 (Wed), publication was printed ahead of June 15 Comelec En Banc Resolution to approve substitution.”
If their list was published/appeared in the newspaper on June 15, clearly it was paid/printed in the newspaper on the night of June 14 and is therefore not compliant with a future order of the Comelec later on the daytime of June 15…”
In her Certificate of Acceptance of Nomination, Guanzon stated under Oath that “I am eligible, I possess all the legal qualifications, and none of the disqualifications provided by law, this is clearly material representations and lying under oath.”
This alone is sufficient to prosecute Rowena Guanzon for misrepresentation.
Altering the date just to qualify to become congressman by substitution is worse. She became a congressman without being elected by the people. In fact, she became a party-list representative by mere substitution.
It was a big blow to her reputation as a lawyer.
Analyzing the concept of party-list system under R.A. No. 7941, one could sense the procedure which Guanzon has taken advantage of has nothing to do with our democratic system.
People really do not vote for a person or candidate for the office.
People only vote for the party-list accredited by the Comelec.
In that, the accredited party-list submits to the Comelec the names of five nominees who will select who among the five nominees the party will allow to take their post as congressman, he being the first nominee.
Many observe this system is wholly undemocratic.
Instead of people voting to elect the highest number of votes to be declared a winner, people are made to select from an innominate party.
Second, even under this system, people do not really elect persons to represent them. It is only through the party-list who can choose the person to represent them in Congress.
There is also an anomaly of allowing party-list to substitute nominees.
Even if the majority of the people who voted for that party-list on the basis that they are members of the party-list, still that person may not be able to take his post as congressman if he does not rank as first nominee.
Even on this technical aspect of nomination, the procedure is still circumvented by corrupt politicians by what they call substitution of who should take the position like what Guanzon did.
The party-list called Pamilya, Pasyente at Persons with Disabilities or 3PWD is an anomaly, for having allowed a person representing them who does not appear to be physically disabled or incapacitated by any other illness.
Guanzon remains to be physically strong as a bull to persons who might disagree with her. Surely, this party-list nominee will never win through a democratic process of a clean, honest and peaceful election.
Before she switched to become a party-list candidate of P3PWD, she created an uproar by releasing her obiter dictum ahead of the decision to be drafted and written by the commissioner tasked to write in rejecting the nuisance disqualification petition filed against BBM.
Guanzon affirmed the decision that Marcos was slapped with an 18-month sentence.
She said the Court of Appeals never meted out the penalty of a three-year jail sentence against Marcos, Jr. when it modified the 1995 TRC decision.
Moreover, obiter dictum made by Guanzon has now become what we call in law “moot and academic” because BBM was elected overwhelmingly by the majority of the Filipino people.
Nothing could be more and above the sovereign will of the people than the election of BBM as against a disgruntled and substituted congressman who wanted to make a mockery of our electoral process.
Guanzon purposely leaked her decision ahead of the Comelec decision written by the majority of the commissioners of the Comelec.
Guanzon wanted to play the game of a smart aleck by trying to beat her retirement. She hoped that after retiring from the service she would be able to snatch a post by pretending to be disabled.
Besides, how can Guanzon fairly decide on the disqualification case against BBM when she openly shouted on the top of her voice on social media that the elected president is, according to her, “a thief” and she being an appointee of President Aquino?
Her being partisan is unprecedented in the annals of Philippine politics where a Comelec commissioner openly campaigned against a presidential candidate.
(rpkapunan@gmail.com)