The Supreme Court has allowed more candidates in local elections to pursue their candidacies despite being disqualified by the Commission on Elections for using the old certificate of candidacy form.
In a resolution released on Tuesday, the SC granted the urgent relief sought in the separate petitions of Nicolas Ponsica Jr. and Merly Iroma, candidates for councilor in Escalante City, Negros Occidental; and Shirley Avila, also candidate for councilor in Tagum City, Davao del Norte.
The SC issued a status quo ante order enjoining the Comelec from implementing its minute resolution that disqualified petitioners from the elections for using the old certificate of candidacy form.
“Considering the allegations contained, the issues raised and the arguments adduced in the petitions, it is necessary and proper to issue a status quo ante order requiring the parties to observe the status quo prevailing before the issuance of Comelec en banc Minute Resolution No. 19-0826 issued last March 6, 2019,” stated the order.
In the same order, the Court directed the Comelec to answer Avila’s petition and file its comment within 10 days from notice.
The ruling was issued upon orders of Chief Justice Lucas Bersamin and recommendations by the justices in charge of the cases since the Court is on recess.
Last week, the Court issued SQAs to similar cases, including that of Baguio City mayoralty candidate lawyer Edgar Avila.
In the assailed resolution, the poll body invalidated the candidacy of bets who used the “old format” in filing their COCs that did not have Item No. 22.
Item No. 22 states a question if a particular candidate was disciplined or found guilty or has pending criminal or administrative cases. This question is not present in the old format of the Comelec CoCs.
While the names of the candidates are already included in the ballots, the poll body disqualified them and declared that “they shall not be voted for, and any votes cast in their favor shall be considered stray.”