MANILA, Philippines – Rep. Lucy Torres-Gomez can still run for the fourth congressional seat of Leyte even if she was unseated by the Supreme Court on a ruling that her substitution as a candidate in place of her husband, Richard Gomez, in the 2010 elections was invalid, Comelec said Wednesday.
Commission on Elections Chairman Sixto Brillantes Jr., explained that Gomez is not officially unseated (and disqualified to run) until the decision is final and executory, unlike the case of unseated Imus Mayor Emmanuel Maliksi, which is immediate and executory.
"She is not disqualified, the disqualification was the substitution. The one disqualified there was her husband, and she merely subbed for him.”
Gomez was disqualified on the basis of residence, not technically disqualification but more because of the cancellation of the CoC (Certificate of Candidacy) (of the husband), Brillantes said.
Voting 7-4-4 last Tuesday, the Supreme Court ruled that her substitution as a candidate in place of her husband in the 2010 elections was invalid.
But since there was a motion for reconsideration from the congresswoman’s camp, “you cannot implement it,” Brillantes explained.
Grounds for disqualification
Brillantes said grounds for disqualification are listed in Section 12 and 68 of the Omnibus Election Code (OEC) and Section 40 of the Local Government Code. “These are grounds for disqualification and in the case of Lucy, [it’s the residence issue.] It is not a ground for disqualification under Section 68 of the Omnibus Election Code.”
He, however, said cases of disqualification may still be filed against any candidate even after the election, but before the actual proclamation of winning bets.
"Until after the election, when you commit fraud during Election Day, you will be disqualified and prevented for being proclaimed. Those are our rules, that you can file a disqualification case (even) before the proclamation,” Brillantes explained.
Brillantes said the Commission is drafting another set of rules on the disqualification process in order to make it easier for the protestant and the respondent, and to save time and money.
"We would like to change the entire process of electoral process and revision of ballots. We will come out with it before the elections,” Brillantes said, adding that he is starting to read decisions from the Supreme Court regarding disqualification cases.
source: interaksyon.com