Guanzon opens hornet’s nest in Marcos DQ cases

BEHIND THE SCENES

Alfred P. Dizon

The uncertainty cast on whether Ferdinand Marcos Jr. is qualified to run for president has opened a hornet’s nest with everybody throwing in their take on the matter.
    This, after Election Commissioner Rowena Guanzon said before her retirement on Feb. 2  Marcos should be disqualified since he was convicted for tax law violation which Guanzon said involved moral turpitude.
    Election lawyer Emil Marañon III was quoted in a report as saying election cases generally traverse a lengthy process that does not end at the Comelec. Cases are resolved with finality by the Supreme Court, he said.
    Marañon said since concern on Marcos Jr. eligibility would linger, some Filipinos will likely think that their votes would be “wasted” if the case lingers and leads to a SC decision that Marcos Jr. was disqualified to run for president.
    Maria Ela Atienza, a political science professor of the University of the Philippines Diliman, told the media delay in the Comelec decision and lengthy process that the DQ cases will have to go through could lead to major concerns if Marcos Jr.’s name was retained on the ballot and he got enough votes to win.
    “Given these uncertainties and the possibility that even if Marcos wins, there is a chance that he will be disqualified, then those who are not hardcore supporters and those that are still not decided may think that a vote for him may be wasted,” she said.
    Guanzon had told the Foreign Correspondents Association of the Philippines that the early resolution of the case with finality by the SC would be “beneficial” also to Marcos Jr. since elections are only three months away.
    Last Jan. 27, Guanzon, who presided over the Comelec first division which handles the three consolidated disqualification cases against Marcos Jr., said she voted to “disqualify” him over moral turpitude.
    With her at the division are Commissioners Aimee Ferolino and Marlon Casquejo. She said Ferolino is the ponente—the person tasked with writing the decision on the case.
    “I believe there is political interference here. It was delayed because they already know my vote,” Guanzon said. She released her 24-page separate opinion on Jan. 31.
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Opposition Senator Leila de Lima threw her support behind Guanzon, saying she had the prerogative to call out her fellow commissioner, Aimee Ferolino-Ampoloquio, on the delayed release of the decision on Marcos, Jr.’s disqualification cases, since she was the presiding commissioner.
    De Lima said as presiding commissioner of the Comelec’s First Division, Guanzon had the authority to make sure her commissioners meet the deadline set under Comelec rules regarding release of decisions.
    The senator, who is seeking re-election in the upcoming May 2022 elections, said though it has been the long practice among the poll body’s commissioners, the time period for writing and promulgation of decisions cannot simply be left to the discretion of the “commissioner-ponente.”
    This practice is what Guanzon actually sought to remedy when she exercised her prerogative as Presiding Commissioner over Ferolino, De Lima noted.
    “The period for the writing of the ponencia and its promulgation is not unlimited. In fact, it is specific. It is not the case as Ferolino would somewhat imply that commissioners have a wide discretion in the time of writing decisions,” De Lima said in a media statement.
    While Ferolino cried foul over the “undue rush” being done to her by Guanzon, the former justice secretary said Ferolino should be reminded that under the rules of the Comelec itself, there is a limited period in the disposition of cases.
    Though the Comelec rarely followed the deadlines on the disposition of cases, De Lima said it does not mean that Ferolino was correct to ignore the deadline set by her Presiding Commissioner.
    “As Presiding Commissioner, Guanzon had the authority to remind the ponente of cases in her Division on the deadline in the writing of decisions. More so in cases of this kind where a leading presidential candidate is sought to be disqualified,” she said.
    “In this instance, she is fully supported by the Comelec rules, albeit probably not by Comelec practice,” she added.
    She also said Guanzon should not be blamed for announcing her position on the Marcos cases because she knew of the much-abused practice in the Commission where the ponente, instead of the en banc or division, determines when a decision should be released and promulgated.
    But Ferolino’s claim the reason she won’t come out with a ponencia was due to Guanzon pressuring her to adapt her position that Marcos should be disqualified, is unfounded, De Lima said.
    “Unlike illegitimate influence or interference coming from outside of the Division, there is no prohibition on members of a Division trying to convince other members on the correctness of their position,” De Lima added.
    “In fact, the opposite is the principle in collegial bodies. Members are mandated to deliberate, and in their deliberation they are expected to persuade and show other members the superiority of their opinion. This is the essence of a collegial body,” she explained.
    “In writing the ponencia, the ponente should still be guided by the opinions of her two other colleagues in the Division, not only her own,” she added.
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Ferolino on Jan. 31 broke her silence and issued a two-page memorandum to reply to Guanzon regarding the resolution of the disqualification cases against Marcos.
    Ferolino said in her memo: “I am taking my time reviewing the case records because I do not want my Ponencia to resemble your Memorandum that dates January 29, 2021, which is on its face erroneous. While you have the privilege and the liberty to take down your posts and correct it, I am not afforded the same opportunity should I release a flawed resolution especially when it has already been promulgated.
    “Further, I am judiciously scrutinizing all the attached evidence and understand the substance of these documents so that these will be rightfully appreciated in the process of penning the Ponencia.”
    The First Division, which will vote on the Marcos disqualification cases, was composed of Guanzon, Ferolino, and Marlon Casquejo.
    Guanzon retired without the ponencia. With no sign of the ponencia, her vote will not count in the decision of the cases.
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As if that was not problematic enough, three of Comelec’s seven commissioners retired last week. Even if their replacements are quickly seated and familiarized with the tasks awaiting them, the transition is expected to disturb the pace of operations.
    Those who resigned with Guanzon were Comelec Chair Sheriff Abas and Commissioner Antonio Kho Jr.
Logistical constraints, meanwhile, have forced the Comelec to delay from Feb. 8 to March 29 the posting of the registry of voters. At least 65 million voters are expected to be on the lists to be posted at city, municipal and district halls, and Comelec field offices.
    With the commissioners’ retirement and other problems, the poll body is expected to have a hard time policing the election campaign and managing the election while performing myriad duties that are normally done by other officials. Even the permits to carry firearms outside of residence must now be approved by the Comelec.
    Under Section 9 of Article IX pertaining to the Comelec, the election period covers 90 days before the May 9 elections and 30 days after. During this transitory period, the Comelec is almost like a mini-government.