"It's a mockery of the law."
"It's a mockery of the law."
This is about how the Duterte Youth is gaming the party-list law and making a mockery of the electoral process. This group is headed by Ronald Cardema, known as a rabid supporter of President Rodrigo Duterte. Cardema was appointed as Chair of the National Youth Commission (NYC).
Duterte Youth’s (DY) application for accreditation for the party-list election was first denied by the Commission on Election’s Second Division. The ruling was appealed, and the Comelec en-banc overturned it on Jan. 29, 2019 enabling DY to run in the last party-list elections as a sectoral party for the youth. It won a seat in the House of Representatives.
The first three nominees originally submitted to the poll body were: Ducielle Marie D. Suarez; Joseph M. De Guzman; and Benilda C. De Guzman. The first nominee is Cardema’s wife and the last in their list is also a relative of Cardema. Following the party-list law, the victory of DY should have meant that Suarez will sit in the HOR.
However, on May 12, 2019, the group’s original nominees, all five of them, filed their withdrawal notice with the Comelec citing incapacity as their reason for the “resignation.” On the same day, the Notice of Substitution was filed at around 5:30 p.m. The new DY nominees to replace the original ones are: Ronald Cardema, Gian Carlo Galang, Catherine Santos, Kerwin Pagaran, Sharah Shan Makabali, and Allan Kevin Payawal. The withdrawal and substitution created the present controversy.
Was the substitution legal? Is Cardema qualified to represent the youth group considering that he is already 34 years old and beyond the age limit clearly set forth by the PL law as a qualification for a youth nominee?
While the Supreme Court ruled that groups need not organize along sectoral lines to qualify to run for PL elections, it did not remove the qualifications for a youth representative spelled out in Sec. 9 of the law, Qualification of Party-List Nominees that says, …”In case of a nominee of the youth sector, he must at least be twenty-five but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty during his term shall be allowed to continue until the expiration of his term.”
As already said, Ronald Cardema, Duterte Youth Chair is already 34 years old and not qualified to sit as a youth representative.
More than ten petitions opposing Cardema’s substitution were received by the Comelec including those from the National Union of Students of the Philippines (NUSP); College Editors’ Guild of the Philippines (CEGP); Youth Act Now Against Tyranny; the Student Regent of the University of the Philippines (UP) System; and, Tindig—University of Santo Tomas (UST). On social media, opposition to Duterte Youth’s and Cardema’s machinations remain strong.
The matter of the filing of the withdrawal of original nominees and substitution of new nominees is controversial. Comelec Resolution No. 8665 provides that pleadings, motions, and all other documents may be filed only during the office hours of regular working days.
The withdrawal notices were filed on May 12, 2019, a Sunday. The Notice of Substitution was filed on the same day at around 5:30 p.m. Clearly, Sunday is not a regular working day, and 5:30 p.m. is already beyond Comelec office hours. As said by Commissioner Rowena Guanzon, the filing of Certificates of Nomination and Acceptance (CONA) of the substitutes were not in accordance with the rules.
Despite these clear violations of COMELEC Resolution No. 8665, on June 4, the poll body met and with a vote of 5-1-1, approved DY’s petition for substitution of nominees. Comm. Guanzon was the lone dissenter while Comm. Luie Tito Guia abstained. Guia said that his vote is consistent with his earlier vote denying the application for accreditation of DY. The ruling of the COMELEC is puzzling to say the least. The poll body allowed itself to be mocked by Duterte Youth.
Guanzon has since clarified that the June 4 ruling only applies to the validity of the withdrawal and substitution and NOT to the qualification of Cardema as a youth representative. This is another matter that Comelec needs to decide on.
Since the start of the controversy about Cardema’s age, he has since been claiming that DY also represents “professionals” not just the youth. Therefore, he is qualified to represent the professionals. Obviously, this is to go around the law.
For an organization to get accredited for the party-list election, it is required to submit documents to the COMELEC on the nature and character of the group. If in its submitted documents, DY described itself as an organization of youth and professionals that seeks to represent these sectors, then Cardema may have found the way directly to the HOR. That is a big IF.
DY’s papers indicate that its official name is “Duterte YOUTH and YOUNG Professionals” (emphases added). Cardema conveniently forgets the qualifier “young” in reference to professionals in his attempt to fool the public. The Dissenting Opinion of Comm. Rowena Guanzon in the matter of withdrawal with substitution of all the nominees of Duterte Youth Party-List clearly expounds on the group’s character as that of a YOUTH organization. Guanzon wrote:
“Duterte Youth was granted registration as a sectoral party representing the Youth Sector
In its Petition, Duterte Youth described the character, nature, and status of its organization as a youth group which advocates and represents the youth sector:
6. The DUTERTE YOUTH is the leading and most vocal youth group in the Philippines …. When many of today’s youth organizations in the country are active in rallying against the government …. and even the only youth Party-List, is known for its mobilization for anti-government activities and in further orienting the youth on how to support and join the armed rebellion, the DUTERTE YOUTH is here to strongly advocate for the orientation and mobilization of the millions of Filipino Youth to become disciplined, nationalistic, and to become great visionary leaders for their communities, for our generation, and for our nation. The DUTERTE YOUTH … will be the partner of COMELEC on its voter education advocacies for the youth, and will be the direct partners of the President Rodrigo Roa Duterte in uplifting the millions of Filipino Youth and Young Professionals, which is now the so-called millennial generation of our nation.
7. The DUTERTE YOUTH is recognized … as their direct youth partner in advocating against illegal drugs & criminality among youth communities. Several Governors, Congressmen, and Mayors have already partnered with the Duterte Youth in its strong nation-building advocacy for the Filipino Youth … Since 2016, media reporters have recognized DUTERTE YOUTH as the youth group that they can contact and feature for news articles regarding nation-building programs for the youth …”
DY’s own papers submitted to the COMELEC are replete with proof that it is a youth organization seeking to represent the youth. Whoever represents it in the HOR must meet the qualifications required by law.
Duterte Youth is gaming the party-list law. From day one, the plan was Cardema to substitute his wife who was the original first nominee. All original nominees needed to “resign” to give way to Cardema because if only the first nominee resigned, then the next nominee should take over. This was the reason why DY’s original nominees were close to Cardema. They were dummies.
Cardema was not in the original list because he was the NYC Chair and as such, could not be part of the list as he would be considered resigned based on the law. While in NYC, he could use public resources to campaign for DY.
The Duterte Youth is making a mockery of the law and Comelec itself. This should not be allowed. After all, Cardema is disqualified from becoming a youth representative.
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