Bzzzzz: James Cuenco cannot substitute even his dad Tony in Barug council slate

Bzzzzz: James Cuenco cannot substitute even his dad Tony in Barug council slate

BUT first, people are talking about...

* THE 'BULLY' IN CARDINAL TAGLE'S HOMILY during the first of the dawn masses preceding Christmas Day. Could he be President Duterte? Tagle said "Do not belittle others. That you are in high office does not mean that you have the right to trample other. You will never be happy that way."

Presidential spokesman Salvador Panelo said the words may also apply to those in church. "You use the pulpit for bullying people."

But so has the president. Whatever Duterte says is reported and repeated across the land, thus more powerful and more scary. Bishops and priests also have pulpits but they can't intimidate; churchgoers may not attend mass or leave one anytime. One can't walk out on a president or shut what he says out. The "high office" Tagle talked about must refer to government office. His talk about bullying came a few days after Duterte urged people to kill bishops for being "useless" and called one of them a thief of people's offerings to the church.

If the president is a bully, he is specific about the persons he castigates and whiplashes. Tagle and other clergy run blind items and, like Christ, speak in parables. You know who is bullying others? Those who inflict more pain, whose power to terrorize comes from the capacity to tort.

* 'COFFEE TABLE LEGISLATION.' Or laws that the Senate passes nowadays, which senators agree on by agreeing on them over coffee. Or so former senator Juan Ponce Enrile says. Bills, he says, must be debated upon, openly and vigorously. It was not done during martial law which he and Marcos enforced; neither when they cut up the pork barrel more than five years ago among themselves. The senators did not even talk about it at the coffee table.

The allowed substitutions

Erik Espina replaced Cebu City Councilor James Anthony Cuenco after Cuenco, with office staffer Manuel Tigpos, was served the ombudsman's dismissal order last Oct. 2 for "serious dishonesty and grave misconduct in office" in connection with the alleged 2004 fraud on the P4.4 million pork barrel of his father Antonio Cuenco, a multi-term former congressman.

The Court of Appeals having overturned the ombudsman's administrative ruling, James Anthony will return to the City Council in January. Espina already announced his resignation effective next month and, on top of that, his withdrawal from Partido Barug's 2019 councilors slate.

It is the intent of Espina to quit next year's race that has sent ripples across the local political scene. Because to many people, it serves no practical purpose since, after November 29, no substitution of candidates is allowed.

This was confirmed Tuesday, December 18, by Cebu Province Election Supervisor Lionel Marco Castillano who told a Bzzzzz source the change in the rule was made last October.

Comelec Resolution #10431 amended the section in Resolution #10420, which used to allow substitution by withdrawal after the November 29 deadline.

The only substitutions allowed after November 29, up to mid-day of election day, require these conditions:

* Death or disqualification of the person substituted;

[] Similarity in surnames of the substitute and the candidate he replaces.

[] Recommendation of the party to which the person substituted and the substitute belong.

Only way to get in

What do the rules mean for Espina and Cuenco?

Espina may withdraw but his name stays in the ballot unless his withdrawal is made before Comelec releases the final list of candidates and before the ballots are printed.

James Cuenco cannot substitute Espina or even his father Tony Cuenco who had filed a certificate of candidacy under the Barug-PDP Laban slate.

If James meets the requisites (death ["simbako"] or disqualification of the substituted candidate and the party's recommendation), the name of Tony Cuenco remains and the votes are credited to James.

James is returned to his seat but clearly he cannot be a candidate in 2019, for which he had not filed a COC and cannot be a substitute except under those unusual circumstances.

Erik Espina's statement

Espina, a former broadcast journalist, in deciding to resign did so with no choice at all. The C.A. ruling in effect restored James Cuenco's rights to the office. And he reportedly had a gentleman's agreement with Cuenco before he took his seat last July 9. But he has a choice on the matter of dropping out or staying in the councilors' elections.

His announcement already showed his fidelity to the law and his own word. But his quitting the race would serve no interest except the BOPK's as it would increase its chances of getting more seats.

Erik might be persuaded to stay on. His moves so far have scored points for his bid, a PR bonus.

***

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