Metro Manila (CNN Philippines) â€” The Commission on Elections (Comelec) on Monday (January 11) dismissed a case filed by University of the Philippines Student Council Chairperson JP Delas Nieves seeking to cancel the certificate of candidacy (COC) of presidential aspirant Rodrigo Duterte.
Comelec Clerk of the Commission Abigail Lilagan said the case was dismissed after neither Delas Nieves, nor a lawyer to represent him, attended the preliminary conference at 10 a.m. Monday.
Lilagan said the Comelec rules that a case for a cancellation of a COC may be dismissed if the petitioner or his counsel fails to attend the preliminary conference.
Duterte was represented by his lawyers Vitaliano Aguirre and Al Argosino.
Other complainants against Duterte, Rizalito David, and Elly Pamatong, were also present.
Another preliminary conference is set for Tuesday at 10 a.m. and a hearing on the merits of the cases will happen at 2 p.m. of the same day.
Delas Nieves argued that Duterte should not be allowed to run for president because he is substituting for Martin DiÃ±o who, according to Delas Nieves, is not a legitimate candidate.
DiÃ±o withdrew his candidacy after the Comelec legal department filed a petition to declare him a nuisance candidate.
Delas Nieves accused Duterte of a misrepresentation in his COC by claiming that he will uphold the Constitution.
He explained that Duterte's open admission of ordering summary executions shows that the latter does not honor the Constitution.http://cnnphilippines.com/news/2016/01/11/comelec-cancelation-coc-delas-nieves-rodrigo-duterte-2016-elections.html