Nov 22, 2021 @ 17:37
Ted Te asks Comelec: Don’t accept late response from Marcos camp
Abogado Theodore Te appealed to the Commission on Elections to no longer accept the days-late response of Bongbong Marcos to their petition to cancel his certificate of candidacy and stop him from joining the 2022 presidential race.
In a Motion for Reconsideration filed Friday, Te argued on behalf of petitioners Fides Lim and five other human rights defenders that the Comelec Second Division’s approval of a five-day extension of the time for the Marcos camp to file its first response to their plea was highly irregular, as the rules specifically state that such a deadline is “non-extendible.”
“Sec. 4 (6) of Rule 23 of the Comelec Rules of Procedure, as amended by Comelec Resolution No. 9523 provides only one possible outcome to an unmet five-day deadline: ‘the failure of the
respondent to file his verified Answer within the reglementary period shall bar the respondent from submitting controverting evidence or filing his memorandum,'” the latest pleading read.
Marcos’ abogado filed on November 15 a request for more time to file their reply, instead moving only to introduce veteran lawyer Estelito Mendoza as their legal counsel a day before the deadline for the response. The second division granted the extension on November 18.
“The Order dated 18th November effectively granted a new period to respondent. There is nothing in the Rules of the Commission that allows this,” Te said. “With due respect, the treatment of moot matters is by now canonical. There is nothing left for the tribunal to do other than to dismiss or deny.”
“The Commission cannot, without flouting its own Rules and the very basic tenets of fairness, grant a new period of time to respondent ─ without basis pleaded and without authority from its own Rules. That, with due respect, is grave abuse of discretion.”