ChanRobles Virtual law Library
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This pertains to the Memorandum of the Law Department dated 27 February 2001, relative to the sixty seven (67) Certificates of Candidacy for the position of Senator which were filed before the Law Department. The Memorandum reads:chanroblesvirtuallawlibrary "Submitted for due consideration are sixty seven (67) Certificates of Candidacy for Senator which were filed before the Law Department. "A careful examination of said Certificates of Candidacy reveals that the following candidates were nominated by duly registered political parties with the Commission, to wit:chanroblesvirtuallawlibrary I. LABAN NG DEMOKRATIKONG PILIPINO (LDP)
2. Ejercito Estrada, Luisa P. 3. Enrile, Juan Ponce 4. Lacson, Panfilo M. 5. Madrigal, Maria Ana Consuelo A.S. 6. Puno, Ricardo Jr. V. 7. Tamano, Ombra A.
2. Herrera, Ernesto F. 3. Pagdanganan, Roberto M. 4. Recto, Ralph G.
2. Tañada, Wigberto E.
2. Chavez, Melchor G. 3. Lozano, Oliver O. 4. Nueva, Norma C.
"Mrs. Luisa P. Ejercito Estrada has two (2) nominations: one (1) from the LDP and two (2) from the Partido ng Masang Pilipino (PMP); these two (2) political parties are not registered as a coalition with this Commission to constitute as one (1) political party pursuant to Section 2, par. (5), Article XI, 1987 Constitution. Consequently, Ms. Ejercito Estrada should be considered as an independent candidate for Senator, pursuant to Section 6, par. (3) of Resolution No. 3253 promulgated on September 28, 2000. "Running as independent senatorial candidates who are either present or former incumbent public officials, popular TV personalities or broadcasters, are:chanroblesvirtuallawlibrary
2. CHATO, Liwayway V. 3. DE CASTRO, Noli L. 4. DRILON, Franklin M. 5. HONASAN, Gregorio B. 6. MAGSAYSAY, Ramon Jr. B. 7. MERCADO, Orlando S. 8. MORATO, Manuel L. 9. NAVARRO, Rod B. 10. RASUL, Santanina T. 11. SABIO, Camilo L. 12. VILLAR, Manuel Jr. B. 14. YASAY, Perfecto Jr. R.
2. Almirante, Alvin Alvincent G., businessman 3. Andamo, Nelson B., Chemist engineer 4. Arribas, Juanito C., realtor 5. Bacolod, Pio A., contractor 6. Bajunaid, Moner M., university professor 7. Biego, Vicente N., businessman/civic leader 8. Blaza, Melchor, lawyer 9. Bragancia, Enrique P., artist/designer 10. Bumatay, Renato B., entertainer/laborer 11. de Guzman, Clemente A., agriculturist 12. de Leon, Nicanor G., certified public accountant 13. Dulalia, Elias B., businessman 14. Escosa, Cesar K., certified public accountant 15. Fabella, Vicente F., businessman 16. Guillergan, Gherry P., businessman 17. Gil, Eddie Conde, businessman 18. Lagata, Merlito O., AFP ret. 19. Macariola, Castor A., real estate/insurance agent 20. Magtira, Daniel R., singer/composer 21. Mercado, Orlando S., journalist 22. Nadal, Jaime P., self-employed 23. Padla, Eutiquio Z., veteran 24. Palanca, Edmundo, businessman 25. Perez, Reynaldo O., employee 26. Po, Fernando Jr. A., businessman 27. Quibedo, Emilio Jr. E., electrician 28. Roberto, Carlos S., painter/writer/publisher 29. Serrano, Bernardo G., businessman 30. Tangalin, Bonifacio U., agent 31. Tavaco, Ernesto A., businessman 32. Velarde, Ruperto Jr. C., farmer/engineer 33. Velasquez, Vic R., lawyer "The records of the Office of the Clerk of the Commission disclosed that candidate for Senator Orlando S. Mercado filed a Petition dated February 16, 2001 docketed as SPA No. 01-010 entitled 'ORLANDO S. MERCADO VERSUS NORBERTO L. MERCADO AND ORLANDO C. ABITONA,' invoking the grounds (a) that would cause confusion among the voters by the similarity of their name and surname with the petitioner; (b) that the respondents have no bona fide intention to run for Senator because they cannot wage a nationwide campaign; and (c) that they do not have a platform of government. The petitioner prays as follows:chanroblesvirtuallawlibrary
"Respondents Norberto L. Mercado and Orlando S. Abitona, in their Answer with Motion to Set Case for Hearing on Oral Arguments dated February 21, 2001 categorically and vehemently denied the aforementioned imputations against them. "In his Manifestation in Support of the Capability of Senatorial Candidate Eddie C. Gil to Wage a Nationwide Campaign dated February 22, 2001, whose political party 'Partido Isang Bayan Isang Diwa,' was denied registration by the Commission, candidate for Senator Eddie C. Gil, through counsel, manifested as follows:chanroblesvirtuallawlibrary
'2. Mr.
Gil
and the Partido Isang Bansa Isang Diwa have the ability and financial
capacity
to wage a nationwide campaign in support of his candidacy as Senator.
The
Partido Isang Bansa Isang Diwa is an organized political party
nationwide.
In support thereof, petitioner respectfully submits the following
certifications
of Regional Election Directors of Region I, II, III, X, Cordillera
Administrative
Region (CAR), the National Capital Region (NCR), and Region XII that
the
Partido Isang Bansa Isang Diwa of which the petitioner is the only
candidate
for Senator is organized within their respective regions, namely:chanroblesvirtuallawlibrary
b. ANNEX C – Certification of the Regional Election Director of Region II that the 'Partido Isang Bansa, Isang Diwa' Party exists in Region II; c. ANNEX D – Certification of the Acting Regional Election Director of Region III, San Fernando, Pampanga that the 'Partido Isang Bansa, Isang Diwa' is a political party that has municipal, provincial coordinators in Region III; d. ANNEX E – Certification of the Regional Election Director of Region X that the 'Partido Isang Bansa, Isang Diwa' exists as a political party in Region X; e. ANNEX F – Certification of the Regional Election Director of the Cordillera Administrative Region (CAR) that the 'Isang Bansa, Isang Diwa' Party exists in the Cordillera Administrative Region; f. ANNEX G – Certification of the Acting Director of the National Capitol Region (NCR) that the 'Isang Bayan, Isang Diwa Party' 'exists within this region, specially in Makati 2nd District, Quezon City 2nd, 3rd, 4th Districts and Taguig, Metro Manila as per findings of our Election Officers in said places.' g. ANNEX H – Certification of the Regional Election Director of Region XII that 'Partido Isang Bansa, Isang Diwa' is existing only in the province of Maguindanao." '4. The Partido Isang Bansa, Isang Diwa also has candidates who filed their certificates of candidacy for the position of Governor, Vice-Governor, Mayor, Vice-Mayor, City and Municipal Councilors, copies of the certificates of candidacies are enclosed as ANNEXES J, J-1 to J–14. As soon as the other candidates have filed their certificates of candidacies on February 28, 2001, the petitioner will submit the same to the Honorable Commission. '5. That our client Mr. Eddie C. Gil is ready to present to the Honorable Commission evidence to show that he is capable of waging a nationwide campaign for the position of Senator in the coming May 14, 2001 elections. In fact, he is now busy campaigning in the various cities and provinces of the country.' "It is informed
that because of the denial by the Commission (First Division) of the
registration
of the Partido Isang Bansa, Isang Diwa Party, Petitioner Eddie C. Gil
filed
a Motion for Reconsideration dated February 14, 2001 with the
Commission
En Banc, praying for the grounds stated therein to reconsider and set
aside
its Resolution of February 9, 2001 and that petitioner be registered
and
accredited as a political party with national constituency. "A review of the records of the Law Department disclosed that sixteen (16) candidates for Senator in the May 14, 2001 elections previously filed their certificates of candidacy for the position of either President, Vice-President or Senator during the May 11, 1998 elections. Nevertheless, their certificates of candidacy were denied due course by the Commission. These candidates are:chanroblesvirtuallawlibrary
2. Blaza, Melchor - for Senator 3. Brego, Vicente N. - - do - 4. Chavez, Melchor G. - - do - 5. Dulalia, Elias B. - - do - 6. Escosa, Cesar K. - for President 7. Fabella, Vicente F. - - do - 8. Gil, Eddie C. - - do - 9. Lagata, Merlito O. - - do - 10. Macariola, Castor A. - for Senator 11. Mercado, Roberto L. - - do - 12. Nueva, Norma C. - - do - 13. Palanca, Edmundo R. - for President 14. Po, Ferdinand Jr. A. - - do - 15. Roberto, Carlos S. - for Senator 16. Tangalin, Bonifacio U. - for President "It appears that Melchor G. Chavez and Norma C. Nueva filed their certificates for candidacy for Senator as among the official candidates of the Kilusang Bagong Lipunan (KBL) that issued its Certificates of Nomination to said candidates. "COMMENT AND RECOMMENDATION:chanroblesvirtuallawlibrary "Pursuant to Section 3, Article VI, of the Constitution, it provides "no person shall be a Senator unless he is a natural born citizen of the Philippines, and on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter and a resident of the Philippines for not less than two years immediately preceding the day of the election." "There is no dispute that the sixty seven (67) senatorial candidates meet the above constitutionally mandated qualifications. Nevertheless, Section 69 of the Omnibus Election Code defining what are nuisance candidates, provides:chanroblesvirtuallawlibrary
"Upon an incisive
examination of the records in its entirety of the sixty seven (67)
persons
who filed their certificates of candidacy for Senator, the Law
Department
recommends as follows:cralaw:red
(A) To give
due course to the certificates of candidacy to the official candidates
of the hereunder political parties, namely:chanroblesvirtuallawlibrary
2. Enrile, Juan Ponce 3. Lacson, Panfilo M. 4. Madrigal, Ma. Ana Consuela A.S. 5. Puno, Ricardo Jr. V. 6. Tamano, Ombra A.
2. Herrera, Ernesto F. 3. Pagdanganan, Roberto M. 4. Recto, Ralph G.
2. Tañada, Wigberto E.
2. Chavez, Melchor G. 3. Lozano, Oliver O. 4. Nueva, Norma C.
because they have
the corresponding platforms of government and have the bona fide intention
to run for Senator as they can wage a nationwide campaign for being
supported
by their respective political parties;chanroblesvirtualawlibrary
2. Arroyo, Joker P. 3. Chato, Liwayway V. 4. De Castro, Noli L. 5. Drilon, Franklin M. 6. Honasan, Gregorio B. 7. Magsaysay, Ramon Jr. B. 8. Mercado, Orlando S. 9. Morato, Manuel 10. Navarro, Rod 11. Rasul, Santanina T. 12. Sabio, Camilio L. 13. Villar, Manuel Jr. B. 14. Yasay, Perfecto because they have
the bona fide intention to run for Senator and they can wage a
nationwide
campaign;
(D) Not to give
due course to the certificates of candidacy to the following
independent
candidates:chanroblesvirtuallawlibrary
2. Andamo, Nelson B. - chemist engineer 3. Arribas, Juanito C. - realtor 4. Bacolod, Pio A. - contractor 5. Bajunaid, Moner M. - university professor 6. Biego, Vicente N. - businessman/civil leader 7. Blaza, Melchor - lawyer 8. Bragancia, Enrique P. - artist/designer 9. Bumatay, Renato B. - entertainer/laborer 10. de Guzman, Clemente A. - agriculturist 11. de Leon, Nicanor G. - certified public accountant 12. Dulalia, Elias B. - businessman 13. Escosa, Cesar K. - certified public accountant 14. Fabella, Vicente F. - businessman 15. Guillergan, Gherry P. - businessman 16. Lagata, Merlito O. - AFP ret. 17. Macariola, Castor A. - real estate/insurance agent 18. Magtira, Daniel R. - singer/composer 19. Nadal, Jamie P. - self-employed 20. Padla, Eutiquio Z. - veteran 21. Palanca, Edmundo R. - businessman 22. Perez, Reynaldo O. - employee 23. Po, Fernando Jr. A. - businessman 24. Quibedo, Emilio Jr. E. - electrician 25. Roberto, Carlos S. - painter/writer/publisher 26. Serrano, Bernardo G. - businessman 27. Tangalin, Bonifacio U. - agent 28. Tavaco, Ernesto A. - businessman 29. Velarde, Ruperto Jr. D. - farmer/engineer 30. Velasquez, Vic R. - lawyer because they cannot
wage a nationwide campaign, thus preventing a faithful determination of
the true will of electorates." Sec. 69 of the Omnibus Election Code as amended by Section 5 of R.A. No. 6646 gave COMELEC the power to motu proprio cancel or deny due course to a certificate of candidacy of registered candidates:chanroblesvirtuallawlibrary
During the deliberation of the sufficiency of the certificates of candidacy and the above memorandum of the Law Department, the Commission, considering the dignity that must be accorded the office of Senator, the minimum qualifications established by the Constitution and electoral laws, the magnitude of the responsibilities of this office, as well as the need to wage a nationwide election campaign, observed that there are indications in the various certificates of candidacy received by the Commission that said certificates were filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate had no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate. The recommendation of the Law Department with respect to the certificates of candidacy of Norberto L. Mercado, Orlando S. Abitona and Eddie C. Gil merits consideration. In view of the foregoing, the Commission resolved, as it hereby resolves, to approve the recommendation of the Law Department with modification and to cancel or otherwise deny due course to the certificates of candidacy of the following:chanroblesvirtuallawlibrary
2. Andamo, Nelson B. - chemist engineer 3. Arribas, Juanito C. - realtor 4. Bacolod, Pio A. - contractor 5. Bajunaid, Moner M. - university professor 6. Biego, Vicente N. - businessman/civic leader 7. Blaza, Melchor - lawyer 8. Bragancia, Enrique P. - artist/designer 9. Bumatay, Renato B. - entertainer/laborer 10. de Guzman, Clemente A. - agriculturist 11. de Leon, Nicanor G. - certified public accountant 12. Dulalia, Elias B. - businessman 13. Escosa, Cesar K. - certified public accountant 14. Fabella, Vicente F. - businessman 15. Guillergan, Gherry P. - businessman 16. Lagata, Merlito O. - AFP ret. 17. Macariola, Castor A. - real estate/insurance agent 18. Magtira, Daniel r. - singer/composer 19. Nadal, Jaime P. - self-employed 20. Padla, Eutiquio Z. - veteran 21. Palanca, Edmundo R. - businessman 22. Perez, Reynaldo O. - employee 23. Po, Fernando Jr. A. - businessman 24. Quibedo, Emilio Jr. E. - electrician 25. Roberto, Carlos S. - painter/writer/publisher 26. Serrano, Bernardo G. - businessman 27. Tangalin, Bonifacio U. - agent 28. Tavaco, Ernesto A. - businessman 29. Velarde, Ruperto Jr. D. - farmer/engineer 30. Velasquez, Vic R. - lawyer 31. Mercado, Norberto L. - journalist 32. Abitona, Orlando C. - former public school teacher 33. Gil, Eddie C. - businessman Those who are adversely affected by this Resolution are hereby given a period of five (5) days from the date of publication hereof to file a verified opposition in ten (10) copies with the Clerk of the Commission, if they so desire. Let the Education and Information Department cause the immediate publication of this Resolution in two (2) newspapers of general circulation. SO ORDERED.
(Sgd.) ALFREDO L. BENIPAYO, Chairman (Sgd.) LUZVIMINDA G. TANCANGCO, Commissioner (Sgd.) RUFINO S.B. JAVIER, Commissioner (Sgd.) RALPH C. LANTION, Commissioner (Sgd.) MEHOL K. SADAIN, Commissioner (Sgd.) RESURRECCION Z. BORRA, Commissioner (Sgd.) FLORENTINO A. TUASON, Jr., Commissioner Promulgated: 01 March 2001.
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