Cardema appeals disqualification, wants HRET to resolve his case
Former National Youth Commission head Ronald Cardema has appealed the cancellation of his nomination as representative of Duterte Youth party-list in Congress.
“There is an MR (motion for reconsideration),” Commission on Elections (Comelec) Commissioner Rowena Guanzon told reporters Wednesday.
In Cardema’s 24-page motion, a copy of which was provided by the Comelec, Cardema argued that Duterte Youth party-list has already been proclaimed winner in the 2019 polls and as such, his eligibility should be resolved by the House of Representatives Electoral Tribunal and not by the Comelec.
Cardema cited the constitutional provision that states the Senate and the House of Representatives’ respective electoral tribunals have jurisdiction over all protests relating to the election, returns, and qualifications of their respective members.
“Whether a nominee is qualified or not is inconsequential since the matter of his qualifications will then fall under the sole jurisdiction of the HRET pursuant to Section 17, Article 6 of the 1987 Constitution,” Cardema said in his motion.
Under House rules, however, an individual may only be deemed member of the House of Representatives if there is a valid proclamation, a proper oath, and assumption of office.
While the Duterte Youth garnered enough votes good for one seat in the House of Representatives, the Comelec has yet to issue certificate of proclamation to the group due to the issues hounding Cardema's qualifications.
Cardema has been disqualified by the Comelec First Division for being over the age limit for the party-list representative of a youth sector.
Under the party-list law, a party-list representative of a youth sector should be aged between 25 to 30 years old on election day. Cardema is already 34 years old during the May 13 polls.
Pending this, Guanzon said the Comelec en banc could not yet decide on whether to accept or reject the new nominees submitted by Duterte Youth last August 6.
These new nominees still included Cardema, but the other nominees are Cardema’s wife Ducielle, Guillermo Villarreal, Jr., Krizza Reyes and Robert Garcia.
Ducielle, who is 27 years old, is within the age limit set by the party-list law.
The deadline for submitting nominees for party-list organizations was last May 13 or election day. —KBK, GMA News