Davao City Mayor Rodrigo Duterte and Presidential candidate asked the Commission on Elections on Friday to dismiss all the disqualification cases filed against him.
Duterte asked the Comelec First Division to dismiss the petitions filed by nuisance candidate Rizalito David,broadcaster Ruben Castor,UP Student Council Chair John Delas Nieves and Eli Pamatong,who is all questioning his substitution to Martin Diño as the standard-bearer of PDP-Laban.
“By accepting respondent Duterte’s certificate of candidacy as a substitute candidate, the Comelec en banc confirmed that a valid substitution of candidacy for the position of President had taken place by operation of law between Diño as the withdrawing candidate and respondent Duterte as the substitute candidate,” he said in a 25-page memorandum.
“Needless to say, it is beyond the authority of the Comelec First Division to set aside the en banc’s resolution and reexamine the election documents. What is done can no longer be undone,” it added.
On December 17 2015,the Comelec en banc ruled to acknowledge and accept the COC for President of Duterte to replace Diño as part of its “ministerial function.”
The four disqualification cases alleged that Duterte had no bona fide candidate to substitute since the COC for President of Martin Diño was materially defective and was,therefore invalid.