Former senator Ferdinand “Bongbong” Marcos Jr. filed a motion on Monday asking the Supreme Court to immediately inhibit Associate Justice Marvic Leonen from participating in any of the proceedings relating to the electoral protest filed at the Presidential Electoral Tribunal (PET).
Solicitor General Jose Calida will also file a separate motion to inhibit Leonen from participating in the PET proceedings on the electoral protest of Marcos, who is contesting his loss to current Vice President Leni Robredo in the 2016 elections.
Marcos also asked for a re-raffle of his election protest. The younger Marcos wants to annul the elections in three Mindanao provinces, which is opposed by Robredo. The vice president argued that PET’s initial recount saw Robredo’s lead increased by 15,000 should be enough to junk the whole protest.
The Commission on Election has already reiterated to the Supreme Court its decision to junk a petition to declare failure of elections in three Mindanao provinces.
The Solicitor General is backing Marcos. Leonon has been criticized for sitting on Marcos’ case for almost a year.
In its comment dated October 30, the Solicitor General cited section 4(7), Article VII of the 1987 Constitution that clearly states that the Supreme Court is the “sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President.”
The Solicitor General also said there is no failure of the elections.
“In the case at bar, it is indubitable that even if the votes cast in the provinces of Maguindanao, Lanao del Sur, and Basilan are declared null and void, there is no failure to elect to speak of. On the contrary, the ultimate winner, or the one with the majority (or plurality) of the valid votes cast, is aeasily determinable,” the comment stated. SOVEREIGNPH