Comelec Senior Commissioner Christian Robert Lim, who leads the division that handles the four cases against Duterte, said “the division has not issued any order dismissing the Delas Nieves petition for failure of the petitioner to appear or his counsel to appear in the preliminary conference.”
Lilagan cited the Comelec rule that a petition to cancel a candidate’s certificate of candidacy (COC) may be dismissed if the petitioner fails to attend the preliminary conference for the case. However, Lim said the division has the prerogative to hear the case nevertheless.
Delas Nieves was a no-show at the preliminary conference set Monday morning and no lawyer arrived to represent him. Elly Pamatong and Rizalito David, who also filed cases against Duterte, were present.
In his petition, Delas Nieves sought to block Duterte’s presidential bid supposedly because he is substituting for fellow PDP-Laban member Martin Diño, whom Delas Nieves said is not a legitimate candidate.
Diño withdrew his candidacy after the Comelec Law Department filed a petition to declare him a nuisance candidate.
Delas Nieves also accused Duterte of lying in his COC by stating he will defend the Constitution even if he openly admits ordering summary executions.
Comelec will hear the cases against Duterte on Tuesday (January 12).
Metro Manila (CNN Philippines) — The Commission on Elections (Comelec) on Monday (January 11) said the case filed by University of the Philippines Student Council Chairman JP Delas Nieves against Davao City Mayor Rodrigo Duterte has not been dismissed, contrary to an earlier statement by Clerk of the Commission Abigail Lilagan.
