Edge Davao 8 Issue 212

Page 1

VOL. 8 ISSUE 212 • THURSDAY, JANUARY 21, 2016

www.edgedavao.net

P 15.00 • 20 PAGES

DUTERTE SET TO FILE MOTION FOR RECON Rody’s camp want Guazon to inhibit from DQ cases despite junking of earlier motion

EDGEDAVAO Serving a seamless society

SUSPECTS. Police Regional Office (PRO) 11 spokesperson Chief Inspector Andrea dela Cerna shows the facial composite sketches of two of the seven NCCC Mall robbery suspects released by the Tagum City Police Office. Armando B. Fenequito Jr.

By CHARLES RAYMOND A. MAXEY

T

HE legal panel of Davao City Mayor and presidential candidate Rodrigo R. Duterte is set to file a motion for reconsideration (MR) with the Commission on Elections (Comelec) en banc after the First Division junked his motion asking Commissioner Ma. Rowena Amelia Guanzon to inhibit from the disqualification cases filed against him before the poll body. Lawyer Vitaliano Aguirre, Duterte’s lead counsel, said the MR will be filed not later than Monday next week. The First Division had earlier dismissed the petition filed by Duterte seeking

Guanzon’s inhibition from the disqualification cases filed against him. The order was signed by the First Division Presiding Commissioner Christian Robert Lim and Commissioner Louie Tito Guia and Guanzon herself. In dismissing Duterte’s petition, the First Division explained that “the grounds for inhibition of a Member of this Commission invoked by respondent Duterte are voluntary, and not mandatory, as explicitly stated in Rule 4, Comelec Rules of Procedure.” Aguirre, however, disagreed with the order. “Contrary to (Guanzon’s)

position, our motion for her to inhibit based on prejudgment is not a voluntary ground but a mandatory one as we will show in our MR,” Aguirre said in a text message. Duterte had cited three main reasons in asking for Guanzon’s inhibition from his DQ cases. First, a cursory reading of the petition filed by Ruben Castor shows that “it does not contain any of the allegations” mentioned by Guanzon in her dissent. Secondly, the motion said the allegations were “never raised” as material issues during the December 18,

2015 hearings conducted by the Comelec First Division on the said petition. Finally, at the time Resolution No. 10028 was promulgated, “no petition was filed against Respondent Duterte raising said issues.” Duterte’s lawyers said Guanzon “has not observed the essence of due process” that demands that a court “hears first before it condemns, or proceeds only upon inquiry and renders judgment only after trial.” At the same time, the motion noted that “(a)s if by some odd coincidence, the

FDUTERTE, 10

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