The Supreme Court building on Padre Faura Street in Manila. (File photo by CATHY MIRANDA / INQUIRER.net)
MANILA, Philippines–Two Supreme Court (SC) associate justices favor for the dismissal of the electoral protest of former senator Bongbong Marcos, high court sources said.
SC spokesperson Atty. Brian Keith Hosaka said Senior Associate Justice Antonio Carpio and Associate Justice Alfredo Benjamin Caguioa dissented from the majority justices who ruled to allow the release of report on the initial recount result of Marcos’ protest.
Hosaka, however, said he is not aware of the reason for Carpio and Caguioa’s dissents.
“I was not told [about the basis of the dissent]. I have not seen their dissenting opinion,” Hosaka told reporters.
But court insiders said both Carpio and Caguioa wanted the dismissal of Marcos’ poll protest for failure to make substantial recovery in the recount of votes in three pilot provinces.
Both SC justices, according to the source wanted to follow the PET rules. Under the rules, if there is no substantial recovery from the chosen pilot provinces, “the protest may forthwith be dismissed, without further consideration of the other provinces mentioned in the protest.”
Marcos said he was happy that majority of the justices did not agree with the dissent.
“So buhay ang kaso and it continues. Ipaglalaban pa rin natin hanggang mapunta sa lahat ng ebidensya na nais naming ipakita sa Tribunal,” Marcos told reporters.
[The case is alive and it continues. We will continue our fight until all our evidence reach the Tribunal.]
On the other hand, Atty. Romulo Macalintal, counsel for Vice President Leni Robredo said Carpio and Caguioa’s dissent is proof that they are correct in saying that there is no substantial recovery of Marcos votes on the three pilot provinces subject of the protest that the former senator had chosen.
While Macalintal admitted that there was a departure from the PET rules, he remain optimistic.
“There is that possibility in the minds of the justices, that in their minds, they are thinking if Mr. Marcos has substantial recovery [from the pilot provinces,]” Macalintal told reporters.
The majority of the justices who voted to release the committee report are Chief Justice Lucas Bersamin, Associate Justices Diosdado Peralta, Estela Perlas-Bernabe, Marvic Leonen, Andres Reyes Jr, Alexander Gesmundo, Ramon Paul Hernando, Rosmari Carandang, Amy Lazaro-Javier, Henri Inting, and Rodil Zalameda. /jpv