SC voids Guanzon substitution
(UPDATE) THE Supreme Court has granted the petition of the Duterte Youth Party-list group to declare as null and void a Commission on Elections (Comelec) resolution allowing the substitution of nominees of the group beyond the prescribed period. In a 131-page resolution, the Court en banc said the Comelec committed grave abuse of discretion and made permanent as well its earlier temporary restraining order, dated July 29, 2022. "Accordingly, the petition in G.R. No. 261123 is granted. Comelec Minute Resolution No. 22-0774, dated June 15, 2022, is declared null and void for having been issued with grave abuse of discretion insofar as it approved the substitution of the nominee's respondent P3PWD Party-list. The Court's temporary restraining order dated June 29, 2022, is made permanent," the Court said. "Respondent P3PWD Party-list is directed to submit additional nominees pursuant to Section 16 of Republic Act No. 7941 but is strictly enjoined from renominating for the duration of the Nineteenth Congress the nominees whose substitutions were declared null and void by this Decision, namely Ma. Rowena Amelia V. Guanzon, Rosalie J. Garcia, Cherrie Belmonte-Lim, Donnabel C. Tenorio, and Rodolfo B. Villar, Jr.," the ruling, penned by Associate Justice Ricardo Rosario, read. Duterte Youth Party-list Rep. Marie Cardema and her husband, Chairman Ronald Cardema, argued in their petition that the Comelec resolution approving the substitution was issued with grave abuse of discretion because it was submitted beyond the substitution deadlines of Nov. 15, 2021. The petitioners claimed that allowing the P3PWD substitution violated Comelec rules, Republic Act (RA) 3019 (Anti-Graft and Corrupt Practices Act), and RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees). Records show that on Oct. 6, 2021, P3PWD submitted the names of its five nominees, which it substituted with a new set on Nov. 5, 2021. In Minute Resolution 21-13275, dated Nov. 24, 2021, the Comelec en banc approved the withdrawal with substitution of nominees of several registered party-lists, including P3PWD. On Dec. 29, 2021, the Comelec published online the final list of party-list candidates for the 2022 national and local elections, which included the P3PWD. P3PWD won a seat and was proclaimed on May 26, 2022, by the Comelec en banc sitting as the National Board of Canvassers. On the same day, it proclaimed its first nominee, Grace S. Yeneza, to sit as representative. In June, all nominees of the P3PWD resigned one after another for personal and other reasons. Yeneza resigned to take care of her cancer-stricken daughter. On June 14, 2022, P3PWD filed a new set of five nominees — former Comelec commissioner Ma. Rowena V. Guanzon was the top nominee. On June 15, 2022, the Comelec en banc promulgated Minute Resolution 22-0774 that granted the withdrawal of nominations of the previous nominees and gave due course to the new set of nominees led by Guanzon, who had retired a few months earlier and one of the sitting commissioners when the Commission approved the application for registration of the P3PWD Party-list. But the Supreme Court issued a decision temporarily stopping the Comelec from implementing its resolution, allowing Guanzon to substitute as No. 1 nominee of P3PWD Party-list, which stemmed from a petition filed by the Duterte Youth Party-list questioning the substitution of Guanzon as P3PWD nominee. The high court also dismissed the indirect contempt charges filed by the Duterte Youth, as well as the countercharge of Guanzon for lack of merit. "The power to punish for contempt serves to preserve the integrity and dignity of the Court and ensure the effectiveness of the administration of justice. However, as declared by Justice Malcolm, this power 'should be exercised on the preservative and not on the vindictive principle.' Only occasionally should the Court invoke its inherent power in order to retain that respect without which the administration of justice must falter or fail," the Court pointed out. The Supreme Court resolution was promulgated on Aug. 30, 2024, but was received only by the Comelec on Nov. 20.
Tomas Kauer - Moderator 
(UPDATE) THE Supreme Court has granted the petition of the Duterte Youth Party-list group to declare as null and void a Commission on Elections (Comelec) resolution allowing the substitution of nominees of the group beyond the prescribed period.
In a 131-page resolution, the Court en banc said the Comelec committed grave abuse of discretion and made permanent as well its earlier temporary restraining order, dated July 29, 2022.
"Accordingly, the petition in G.R. No. 261123 is granted. Comelec Minute Resolution No. 22-0774, dated June 15, 2022, is declared null and void for having been issued with grave abuse of discretion insofar as it approved the substitution of the nominee's respondent P3PWD Party-list. The Court's temporary restraining order dated June 29, 2022, is made permanent," the Court said.
"Respondent P3PWD Party-list is directed to submit additional nominees pursuant to Section 16 of Republic Act No. 7941 but is strictly enjoined from renominating for the duration of the Nineteenth Congress the nominees whose substitutions were declared null and void by this Decision, namely Ma. Rowena Amelia V. Guanzon, Rosalie J. Garcia, Cherrie Belmonte-Lim, Donnabel C. Tenorio, and Rodolfo B. Villar, Jr.," the ruling, penned by Associate Justice Ricardo Rosario, read.
Duterte Youth Party-list Rep. Marie Cardema and her husband, Chairman Ronald Cardema, argued in their petition that the Comelec resolution approving the substitution was issued with grave abuse of discretion because it was submitted beyond the substitution deadlines of Nov. 15, 2021.
The petitioners claimed that allowing the P3PWD substitution violated Comelec rules, Republic Act (RA) 3019 (Anti-Graft and Corrupt Practices Act), and RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).
Records show that on Oct. 6, 2021, P3PWD submitted the names of its five nominees, which it substituted with a new set on Nov. 5, 2021. In Minute Resolution 21-13275, dated Nov. 24, 2021, the Comelec en banc approved the withdrawal with substitution of nominees of several registered party-lists, including P3PWD.
On Dec. 29, 2021, the Comelec published online the final list of party-list candidates for the 2022 national and local elections, which included the P3PWD.
P3PWD won a seat and was proclaimed on May 26, 2022, by the Comelec en banc sitting as the National Board of Canvassers. On the same day, it proclaimed its first nominee, Grace S. Yeneza, to sit as representative.
In June, all nominees of the P3PWD resigned one after another for personal and other reasons. Yeneza resigned to take care of her cancer-stricken daughter.
On June 14, 2022, P3PWD filed a new set of five nominees — former Comelec commissioner Ma. Rowena V. Guanzon was the top nominee. On June 15, 2022, the Comelec en banc promulgated Minute Resolution 22-0774 that granted the withdrawal of nominations of the previous nominees and gave due course to the new set of nominees led by Guanzon, who had retired a few months earlier and one of the sitting commissioners when the Commission approved the application for registration of the P3PWD Party-list.
But the Supreme Court issued a decision temporarily stopping the Comelec from implementing its resolution, allowing Guanzon to substitute as No. 1 nominee of P3PWD Party-list, which stemmed from a petition filed by the Duterte Youth Party-list questioning the substitution of Guanzon as P3PWD nominee.
The high court also dismissed the indirect contempt charges filed by the Duterte Youth, as well as the countercharge of Guanzon for lack of merit.
"The power to punish for contempt serves to preserve the integrity and dignity of the Court and ensure the effectiveness of the administration of justice. However, as declared by Justice Malcolm, this power 'should be exercised on the preservative and not on the vindictive principle.' Only occasionally should the Court invoke its inherent power in order to retain that respect without which the administration of justice must falter or fail," the Court pointed out.
The Supreme Court resolution was promulgated on Aug. 30, 2024, but was received only by the Comelec on Nov. 20.
