Second petition questioning Duterte Youth rep’s proclamation filed
(Philstar.com) – October 28, 2020 – 5:36pm
MANILA, Philippines — An alliance of Filipino youths questioned the legality of the proclamation of Duterte Youth party-list and its representative Ducielle Cardema before the Supreme Court.
Members of Youth Fight Back Alliance filed a Petition for Certiorari and asked the SC to strike down the Commission on Elections’ resolution that issued a Certificate of Proclamation to the Duterte Youth party-list and entitled Cardema as its representative in the House of Representatives.
This is the second petition challenging the legality of Cardema’s proclamation as representative of the party-list.
The petitioners said the said Comelec minute resolution no. 20-0382 is null and void from the beginning since the party-list is not registered in the first place, as Duterte Youth registration did not undergo publication and hearing as required by the law and the Constitution.
They said that nothing in the Constitution, law or the Comelec rules authorizes or excuses non-compliance to the requirements. “No rights can emanate therefrom—the proclamation of respondent Duterte Youth PL as a victor in the 2019 Elections as well,” their petition read.
They also argued that without compliance to the mandatory jurisdictional requirements of publication and public hearing, the public was not given an opportunity to know about the Duterte Youth’s application and oppose it.
“This would be tantamount to a breach of the general public’s right to prior notice and constitutional due process,” they added.
“Plainly, Comelec Minute Resolution no. 20-0382… was issued in marked violation of the equal protection clause of the Constitution to the clear prejudice of all other party-list organizations that had to go through the painstaking, more cumbersome, and evidently more costly process involving publication and subjecting themselves to scrutiny in public hearing,” the petitioners added.
Cardema took her oath before House Speaker Lord Allan Velasco on October 13. She is the wife of National Youth Commissioner executive Ronald Cardema who was previously the nominee of the Duterte Youth party-list but was disqualified for being overage. — Kristine Joy Patag