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OSG: Petitions to cancel Marcos Jr. COC doomed to fail

June 6, 2022 Hector Lawas 390 views

THE Office of the Solicitor General (OSG) has asked the Supreme Court (SC) to dismiss petitions seeking the cancellation of President-elect Ferdinand “Bongbong” Marcos Jr.’s Certificate of Candidacy (COC).

“Congress had already steered the course of the next six years when it upheld the people’s will and declared private respondent (Marcos Jr.) as the President-elect. The electoral mandate from the sovereign Filipino people is the ultimate political expression that cannot be assailed at all, ” the OSG said in its comment filed for the House of Representatives and Commission on Elections.

There are two petitions filed before the SC, both questioning the Comelec decisions affirming the dismissal of petitions that sought to cancel the COC of Marcos Jr.

They also sought to stop Congress from canvassing the votes cast for the former senator thru the issuance of a temporary restraining order.

One of the petitions pending before the SC was filed by civic leaders Fr. Christian Buenafe, Fides Lim, Ma. Edeliza Hernandez, Celia Lagman Sevilla, Roland Vibal, and Josephine Lascano.

Last June 1, Marcos Jr., thru counsel former solicitor general Estelito Mendoza, asked the SC to dismiss for lack of merit the petition that sought to void the rulings issued by the Comelec junking the disqualification cases filed against him.

In a 45-page comment, Marcos Jr. said that the SC doesn’t have the jurisdiction to try and hear the petition, saying only the Presidential Electoral Tribunal (PET) can solely look into his eligibility to run in the 2022 presidential elections.

He explained that Congress has already canvassed the duly executed Certificates of Canvass and on May 25, after determining that he received the highest number of votes, proclaimed him as the duly-elected president.

” In light of the above, the Supreme Court has lost jurisdiction over the instant case. Any issues as to the qualifications of respondent Marcos Jr. falls within the sole and exclusive jurisdiction of the Presidential Electoral Tribunal as provided by the Constitution, ” Marcos Jr.’s comment read in part.

Furthermore, the incoming president said that the plea for the issuance of a temporary restraining order as sought by the petitioners has already become moot and academic following the canvassing done by the two houses of Congress, and his subsequent proclamation.

In its comment, the OSG pointed out that the petition filed by Buenafe’s group was “doomed to fail” for claming that Marcos Jr. was disqualified to occupy the highest political office in the country.

Also, the OSG maintained that the petitioners’ plea for TRO was rendered moot and academic by virtue of Marcos Jr. ‘s proclamation as duly elected president.

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