Guanzon should inhibit from DQ cases, Duterte insists

Presidential aspirant Davao City Mayor Rodrigo Duterte yesterday insisted that Elections Commissioner Rowena Guanzon should inhibit from the four disqualification cases lodged against him at the Commission on Elections (Comelec).

In a 28-page motion for reconsideration, Duterte said Guanzon should not take part in the hearing of his cases because her conduct “throughout the proceedings in the cases reveals her prejudgment and palpable bias which seriously impaired his belief in the commissioner’s neutrality and impartiality.”

He earlier filed the motion for inhibition, alleging that Guanzon had expressed “prejudgment” when she dissented on the Comelec’s resolution accepting his certificate of candidacy for president.

He also cited Guanzon’s association with Maria Sheila Bazar, legal counsel of University of the Philippines Student Council president John Paulo delas Nieves, one of the petitioners asking the poll body to disqualify Duterte.

In a memorandum, Guanzon denied Duterte’s accusations and refused to inhibit from the cases. This prompted the Comelec First Division to junk his motion for inhibition.

In his motion for reconsideration, Duterte noted that the order of the Comelec First Division denying his earlier petition for inhibition against Guanzon “contained serious errors and violated respondent’s right to due process.”

He claimed the order “lacked expressed ruling on most grounds raised in the motions.”

Duterte invoked Section 1, rule 4 of the Comelec Rules of Procedure that provides that “no member shall sit in any case in which… he has publicly expressed prejudgment as may be shown by convincing proof.”

Under the rules, mandatory inhibition is necessary when it is presumed that a commissioner cannot actively and impartially sit in a case.

On the other hand, voluntary inhibition is left to the discretion of the commissioner concerned whether to sit in a case for other just and valid reasons, with their conscience as guide.