The bad news?
Let's talk about the good news first.
National poll body Comelec on Friday December 4, has junked a petition to declare anti-crime advocate Martin Diño a nuisance candidate. This means tough guy Duterte can go on as a replacement candidate for Diño.
The Comelec Second Division said the petition is “moot and academic” as Diño had already withdrawn his candidacy effective October 29, thereby losing “justiciability” because it no longer presents a real problem as between the parties involved.
Comelec said,
With the foregoing development, the relief prayed for in the present petition has become moot and academic, that is, whatever judgment is reached can no longer have any practical legal effect or, in the nature of things, can no longer be enforced.
Now, for the bad news.
The Comelec Second Division’s recent ruling, however, has left a bit of a snag.
It said its decision to approve Diño’s withdrawal of COC is “without prejudice to any future ruling on the validity of the said COC – formal or substantial – that may be raised before the Commission.”
They are referring to Diño's erroneous COC.
The validity of Diño's COC is still up for questioning as his COC says that he is running “for the position of mayor” for Pasay City, and not for the position of president. Such error has rendered the COC as defective and flawed.
Diño’s erroneous COC is the subject of the first petition, which some law experts say, can effectively stop Duterte’s bid for the presidency.
We'll be expecting the Comelec's decision on this matter very soon.
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