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Guanzon says separate opinion on Marcos DQ case ready since Jan. 17


Commissioner Rowena Guanzon, the presiding officer of the Commission on Elections First Division, said on Wednesday that she had been ready with her opinion on the disqualification case filed against presidential aspirant Ferdinand Marcos Jr. as early as January 17.

Guazon said the ponente, the commissioner tasked with drafting the decision of the division, had yet to be ready as a member of the staff tested positive for COVID-19.

The First Division is in charge of the disqualification case against Marcos filed by Akbayan and other civic leaders based on the Tax Code provision that a public official convicted of violating Tax Code was perpetually disqualified from running for public office.

"May separate opinion na ako, ready na ako noong January 17. Dapat nakasabay kami sa Second Division, pero hindi nangyari kasi hindi pa ready ang ponente," she said in a Facebook live video.

[I already wrote a separate opinion, and it was ready last January 17. We were supposed to rule on it on the same day as the Second Division, but it did not pan out because the ponente is not yet ready.]

Guanzon said that the ponente's decision would be voted upon by the three Comelec First Division members including herself. If majority or two of the three members votes in favor of it, then it becomes the majority decision.

In the event that majority or two out of three commissioners votes against the ponente's decision, the ponente's decision becomes the dissenting opinion.

"Hindi ako ang naatasan magsulat ng desisyon. Iyong Commissioner na magsusulat [ng desisyon], bigyan natin siya ng ilang araw pa," Guanzon said.

[I am not the one assigned to write the decision. Let us give that Commissioner a few more days.]

"Since it was raffled back in January 10, we should have a decision within 15 days and it has been 16 days. But I cannot control everything given that I am not the one writing the decision," she added.