MANILA, Philippines (UPDATED) – Hours after seeking to inhibit a poll commissioner from cases against him, Davao City Mayor Rodrigo Duterte said pieces of evidence he submitted to the Commission on Elections (Comelec) went missing. 

Duterte said Guanzon had also deactivated her Facebook account, at least twice.

The mayor said this happened after he filed a motion to inhibit Guanzon from his cases because the commissioner is a “mare” (close female friend) of Maria Sheila Bazar.  

Bazar is the lawyer of John Paulo delas Nieves, the 21-year-old University of the Philippines student who filed a petition to stop Duterte from running.

Duterte’s lawyer, Vitaliano Aguirre II, questioned Guanzon’s motives for deleting a number of Facebook photos and deactivating her Facebook account at least twice.

Aguirre told Rappler on Wednesday, January 20, “Bakit niya sasarhan ‘yon kung wala siyang ‘tinatago?” (Why would she deactivate that if she’s not hiding anything?) 

Guanzon, on the other hand, challenged Aguirre to formally appeal their case “instead of attacking a commissioner’s reputation in the media.”

Duterte’s evidence against Guanzon included online posts, from as far back as 2007, to point out a potential conflict of interest because Guanzon is supposedly close to Bazar. 

Still, the Comelec First Division on Monday, January 18, unanimously voted to allow Guanzon to hear Duterte’s cases because no Comelec rule stops her from doing so.

Rule 4, Section 1, of the Comelec Rules of Procedure confirms that a Comelec member is required to inhibit only if the party or lawyer involved is a close relative.

Other Comelec members have voluntarily inhibited themselves in the past, however, in cases that involved former colleagues. 

Comelec Commissioner Christian Lim inhibited himself from a petition filed against presidential aspirant Senator Grace Poe, because he once worked with the petitioner, Estrella Elamparo. Like Guanzon, Lim belongs to the Comelec First Division.

‘Very meritorious grounds’

Aguirre said Duterte’s camp will likely appeal the Comelec First Division’s order next Monday, January 24. They will file this appeal before the Comelec en banc, or the poll body sitting as a whole.

Aguirre said they believe they have “very meritorious grounds” for seeking to inhibit Guanzon. One is her ties with Bazar, and the other is Guanzon’s perceived prejudgment of Duterte’s case.

Aguirre, along with Duterte’s other lawyers, boosted their argument on Guanzon’s ties with Bazar by filing a manifestation on January 14.

In this manifestation, Duterte said one of Guanzon’s two Facebook accounts “was deactivated/could no longer be accessed” at about 7:30 pm on January 12. That was around 3 hours after he filed his motion to inhibit Guanzon. 

In the morning of January 13, Duterte said Guanzon’s Facebook page “was again activated and made viewable to the public.” 

On January 14, he said Guanzon’s Facebook page cannot be accessed again.

At the same time, Duterte said the Facebook group of the Gender Justice Network – which includes both Guanzon and Bazar – was either deleted or had been turned into a “secret” Facebook group on January 13.

He also said a number of Facebook photos, showing Guanzon and Bazar together, had been deleted.

The reportedly deleted photos include the following: 

• A photo showing Guanzon and Bazar in a Makati court “with a friend” in December 2011
• One showing them “celebrating their network’s Christmas party in a co-member’s office” in December 2011
• Another showing them “attending together” a Department of Justice summit in December 2011

Reportedly missing, too, was Guanzon’s Facebook photo in December 2011, on which Bazar commented, “Mare, at nasaan naman yong kasama kami? ☺” (My friend, and where is the one including us?)

Guanzon: ‘I am very independent-minded’

Sought by Rappler for comment, Guanzon said on Wednesday afternoon that the Duterte camp should file their motion of reconsideration (MR) before the Comelec en banc, because “that is their right.”

“They have a remedy of filing a motion for reconsideration so they can do that. I welcome it. Atty Aguirre should file an MR instead of attacking a commissioner’s reputation in the media,” explained Guanzon, who said she met Duterte when she was Cadiz City mayor years ago.

She added: “Lawyers should observe the Code of Professional Responsibility. Instead of using the media to air their grievance, they should follow the Rules of Procedure of Comelec and accord all commissioners respect.”

Guanzon pointed out, too, that Comelec members “are very busy with work,” including the petitions filed by presidential aspirant Senator Grace Poe against the Comelec before the Supreme Court. “Atty Aguirre is a minor distraction but I will reply.”

Earlier, Guanzon said Bazar is neither her relative nor her sorority sister. She confirmed that the lawyer joined the Gender Justice Network, but that group “has been inactive for several years now.”

She also pointed out that a photo attached to Duterte’s motion “was taken in 2011,” or 5 years ago.

Guanzon told Rappler: “I am very independent-minded, none of my friends or classmates or lawyer acquaintances would think that I would render a decision in their favor because of our association.”

Aguirre said Guanzon wants to pin down Duterte because “she’s a very close friend” of administration standard-bearer Manuel Roxas II. 

The camp of Vice President Jejomar Binay, another leading candidate for president, has claimed that the ruling Liberal Party is bent on using Guanzon to ensure Roxas’ victory.

Guanzon has denied this claim. – Rappler.com