On the issue of Mrs. Diasen's substitution
*Writer's notes
The following is the text of my column which appeared in the May 20 issue of the Cordillera Today.
Missed there by…
Last week I spent some precious minutes trying to explain to my readers why the report on the front page of this paper read that Mrs. Floydelia Diasen’s substitute candidacy, vice her slain husband Rommel Diasen, was denied by the COMELEC. It turns out the COMELEC reversed an earlier decision eventually clearing the way for Manang Floy to run and steamroll Apo Laurence Wacnang for the latter’s first election defeat.
The errant report was based on the recommendation of the poll body’s law department to the Commission en banc. The law department contended that the late Kalinga vice-governor may not be substituted as he was an independent having no certificate of appointment from any political party for the position of governor. Apo Rommel had a Certificate of Nomination and Acceptance (CONA) for congressman from Lakas-CMD. He initially filed for congressman but later on withdrew his candidacy for the position to file for governor right before the deadline for filing.
On the evening of May 10, the Comelec en banc upheld the recommendation of its law department. But the next evening, the Comelec reversed its earlier decision.
The text below is the Comelec’s justification for its turnaround on the case. I would recommend that the reader also read the report printed in our May 12 issue. For Tabuk readers, I shall leave copies of the said issue in their usual outlets.
Nope, I won’t even comment on it.
1. the alleged non-submission of the CONA for the position of Governor of the late Rommel Diasen; and
2. the similarity of the notarial document numbers appearing on the CONA for Member, House of Representatives and for Governor which were both executed on March 16, 2007.
A perusal of the records however reveal that the foregoing are not duly supported by evidence.
First, the only basis for claiming that the CONA for Congressman of the late Rommel Diasen was not filed on time is the report of PES (Provincial Election Supervisor) Atty. Thomas L. Uyam who only relied on the report of his Election Assistant. However, there is nothing on record that would show that at the time of filing of the Certificate of Candidacy (COC for brevity) of Rommel Diasen for the position of Governor on March 29, 2007, that it was not accompanied by the corresponding CONA from his political party. It was only when the widow of Rommel Diasen tried to file her COC as a substitute for her husband did the election assistant inform the family of the deceased that the latter is considered an independent candidate for allegedly having failed to submit the CONA from Lakas on time. Floydelia Diasen on the other hand insists that at the time her late husband filed his COC for the position of Governor it was accompanied by the corresponding CONA from Lakas. In support of this allegation, they submitted copies of the following:
1. COC for the position of Congressman with the corresponding CONA from Lakas filed duly received on March 29, 2007 (which was on the same day withdrawn);
2. COC for the position of Governor with the corresponding CONA from Lakas which was filed on March 29, 2007, also duly received by the OPES, Kalinga; and
3. letter of Atty. Raul Lambino, Deputy Secretary General for Legal Affairs, Lakas-CMD, addressed to the PES of Kalinga re: withdrawal of the CONA issued to the late Rommel Diasen and the issuance of a new CONA in favor of Floydelia Diasen, as substitute candidate.
As against the bare allegation of (Uyam) and the Election Assistant of Kalinga on the alleged non-submission of the required CONA, there is more reason to uphold the assertion of Floydelia Diasen which is duly supported by evidence. It serves no purpose other than to deprive the electorate of Kalinga to have a choice for the Gubernatorial position if we are, on the basis alone of an unsubstantiated report, deny due course to the substitution of candidacy.
Furthermore, it should be noted that no less than (Lambino) claims that the late Rommel Diasen is their official candidate for the Gubernatorial post of Kalinga. Hence, on the basis alone of an unsubstantiated claim that the corresponding CONA from Lakas was not attached to the COC at the time it was filed, we should not close our eyes to the fact that the late Rommel Diasen is in fact a Lakas-CMD nominee, and therefore a case of substitution of candidacy is in order pursuant to Sec. 14 of Comelec Resolution No. 7779.
On the issue of the two CONA’s (one for the position of Congressman, the other for Governor) bearing the same notarial document numbers, suffice it to say that this has been sufficiently explained in the affidavit executed by the notary public himself, MERVIN JOVITO S. SAMADAN. The affiant in his affidavit stated:
“On the morning of March 16, 2007, I subscribed and notarized the CONA of Atty. Rommel Diasen as the official candidate of Lakas-CMD for the position of Member of the House of Representatives, Lone District of Kalinga in the May 14, 2007 election and said CONA reflects the entries, Document Number 47, Page 11, Book No. 8, Series of 2007.
“In the afternoon of the same day, March 16, 2007, I subscribed and notarized the CONA of Atty. Rommel Diasen as the official candidate of Lakas-CMD for the position of Governor, Kalinga, in the May 14, 2007 elections and said CONA reflects the same entries Document Number 47, Page 11, Book No. 8, Series of 2007.
“Through mere oversight, both CONAs of Atty. Diasen reflects the same entries because of the confusion brought about by the voluminous documents I was notarizing for Lakas-CMD on that day, March 16, 2007. However, the CONA of Atty. Diasen was entered in my notarial notebook as Document Number 49, Page 11, Book No. 8, Series of 2007.” (Rep. Laurence Wacnang informed said he will see to it that Atty. Samadan be disbarred – BA.)
Based on the above, the Comelec en banc promulgated Resolution No. 7911 giving due course to Manang Floy’s substitute candidacy.***By Bani Asbucan
*Writer's notes
The following is the text of my column which appeared in the May 20 issue of the Cordillera Today.
Missed there by…
Last week I spent some precious minutes trying to explain to my readers why the report on the front page of this paper read that Mrs. Floydelia Diasen’s substitute candidacy, vice her slain husband Rommel Diasen, was denied by the COMELEC. It turns out the COMELEC reversed an earlier decision eventually clearing the way for Manang Floy to run and steamroll Apo Laurence Wacnang for the latter’s first election defeat.
The errant report was based on the recommendation of the poll body’s law department to the Commission en banc. The law department contended that the late Kalinga vice-governor may not be substituted as he was an independent having no certificate of appointment from any political party for the position of governor. Apo Rommel had a Certificate of Nomination and Acceptance (CONA) for congressman from Lakas-CMD. He initially filed for congressman but later on withdrew his candidacy for the position to file for governor right before the deadline for filing.
On the evening of May 10, the Comelec en banc upheld the recommendation of its law department. But the next evening, the Comelec reversed its earlier decision.
The text below is the Comelec’s justification for its turnaround on the case. I would recommend that the reader also read the report printed in our May 12 issue. For Tabuk readers, I shall leave copies of the said issue in their usual outlets.
Nope, I won’t even comment on it.
***
Atty. Alioden Dalaig, Director Law Department based his recommendation to deny due course to the substitute certificate candidacy of Floydelia Reyes Diasen on the following grounds:1. the alleged non-submission of the CONA for the position of Governor of the late Rommel Diasen; and
2. the similarity of the notarial document numbers appearing on the CONA for Member, House of Representatives and for Governor which were both executed on March 16, 2007.
A perusal of the records however reveal that the foregoing are not duly supported by evidence.
First, the only basis for claiming that the CONA for Congressman of the late Rommel Diasen was not filed on time is the report of PES (Provincial Election Supervisor) Atty. Thomas L. Uyam who only relied on the report of his Election Assistant. However, there is nothing on record that would show that at the time of filing of the Certificate of Candidacy (COC for brevity) of Rommel Diasen for the position of Governor on March 29, 2007, that it was not accompanied by the corresponding CONA from his political party. It was only when the widow of Rommel Diasen tried to file her COC as a substitute for her husband did the election assistant inform the family of the deceased that the latter is considered an independent candidate for allegedly having failed to submit the CONA from Lakas on time. Floydelia Diasen on the other hand insists that at the time her late husband filed his COC for the position of Governor it was accompanied by the corresponding CONA from Lakas. In support of this allegation, they submitted copies of the following:
1. COC for the position of Congressman with the corresponding CONA from Lakas filed duly received on March 29, 2007 (which was on the same day withdrawn);
2. COC for the position of Governor with the corresponding CONA from Lakas which was filed on March 29, 2007, also duly received by the OPES, Kalinga; and
3. letter of Atty. Raul Lambino, Deputy Secretary General for Legal Affairs, Lakas-CMD, addressed to the PES of Kalinga re: withdrawal of the CONA issued to the late Rommel Diasen and the issuance of a new CONA in favor of Floydelia Diasen, as substitute candidate.
As against the bare allegation of (Uyam) and the Election Assistant of Kalinga on the alleged non-submission of the required CONA, there is more reason to uphold the assertion of Floydelia Diasen which is duly supported by evidence. It serves no purpose other than to deprive the electorate of Kalinga to have a choice for the Gubernatorial position if we are, on the basis alone of an unsubstantiated report, deny due course to the substitution of candidacy.
Furthermore, it should be noted that no less than (Lambino) claims that the late Rommel Diasen is their official candidate for the Gubernatorial post of Kalinga. Hence, on the basis alone of an unsubstantiated claim that the corresponding CONA from Lakas was not attached to the COC at the time it was filed, we should not close our eyes to the fact that the late Rommel Diasen is in fact a Lakas-CMD nominee, and therefore a case of substitution of candidacy is in order pursuant to Sec. 14 of Comelec Resolution No. 7779.
On the issue of the two CONA’s (one for the position of Congressman, the other for Governor) bearing the same notarial document numbers, suffice it to say that this has been sufficiently explained in the affidavit executed by the notary public himself, MERVIN JOVITO S. SAMADAN. The affiant in his affidavit stated:
“On the morning of March 16, 2007, I subscribed and notarized the CONA of Atty. Rommel Diasen as the official candidate of Lakas-CMD for the position of Member of the House of Representatives, Lone District of Kalinga in the May 14, 2007 election and said CONA reflects the entries, Document Number 47, Page 11, Book No. 8, Series of 2007.
“In the afternoon of the same day, March 16, 2007, I subscribed and notarized the CONA of Atty. Rommel Diasen as the official candidate of Lakas-CMD for the position of Governor, Kalinga, in the May 14, 2007 elections and said CONA reflects the same entries Document Number 47, Page 11, Book No. 8, Series of 2007.
“Through mere oversight, both CONAs of Atty. Diasen reflects the same entries because of the confusion brought about by the voluminous documents I was notarizing for Lakas-CMD on that day, March 16, 2007. However, the CONA of Atty. Diasen was entered in my notarial notebook as Document Number 49, Page 11, Book No. 8, Series of 2007.” (Rep. Laurence Wacnang informed said he will see to it that Atty. Samadan be disbarred – BA.)
***
Based on the above, the Comelec en banc promulgated Resolution No. 7911 giving due course to Manang Floy’s substitute candidacy.***By Bani Asbucan
1 comment:
I am just wondering why the Comelec issues a decision today based on evidence and long oral arguments from both sides then all of the sudden the following morning reverses the decision without arguments from both sides or without even an appeal filed by the party affected by the earlier decision suddenly reverses its earlier decision. Something fishy?
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