FILE PHOTO: Davao City Mayor Rodrigo Duterte (UNTV News)
MANILA, Philippines — The counsels for Martin Diño, Mayor Rodrigo Duterte and the PDP-LABAN are pushing for the dismissal of the petition filed against their clients.
This comes after the petitioner Ruben Castor or his lawyer failed to appear in today’s preliminary conference.
The counsels for the respondent even objected to proceeding with the marking of evidences because of the other party’s absence.
Instead Atty. Vitaliano Aguirre, Duterte’s lawyer, and Atty. Ted Contacto, the legal counsel for Diño and PDP-LABAN, executed an oral motion for the dismissal of the petition.
They argued that in the notice of conference issued by the 1st division, if the petitioner fails to appear on the scheduled conference this Tuesday (Dec15) then the petition will be dismissed.
The legal counsel of Diño and PDP-LABAN Atty. Ted Contacto, “This is unfair. They are making a mockery of this proceedings and we will not tolerate them making a mockery of the proceedings before the COMELEC.”
However Castor’s lawyer Oliver Lozano said they have submitted a waiver of appearance and a motion to resolve the petition.
Castor’s petition is asking COMELEC to declare Dino’s certificate of candidacy for president as null and void noting that his declaration was to run for mayor of Pasay.
The petitioner also argued that due to the defects in Diño’s COC, Duterte cannot be a substitute presidential candidate for PDP-LABAN.
Duterte’s legal counsel Atty. Vitaliano Aguirre said, “Sinabi po ng COMELEC na its mere clerical error.”
(COMELEC has already said it’s just a mere clerical error.)
After today’s development the 1st division decided not to push through with the hearing on Castor’s petition tomorrow.
Instead the division handling ng case said the petition is now submitted for resolution.
Atty. Aguirre said, “Wala namang ebidensyang iprenisenta ang petitioner so makakaasa tayo na ito’y idi-dismiss na.”
(No evidence was presented by the petitioner so we are hoping that this will be dismissed.)
Meanwhile Atty. Contacto added, “We are hoping that the petition will be dismissed para wala nang hadlang sa pagtakbo ni Mayor Rodrigo Duterte sa 2016.”
(We are hoping that the petition will be dismissed so there will be no more hindrance in Mayor Rodrigo Duterte’s candidacy for 2016.) (VICTOR COSARE / UNTV News)
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