Comelec: Erice’s disqualification final, executory
MANILA, Philippines — The Commission on Elections (Comelec) has declared its decision to disqualify former congressman Edgar Erice from running in the May 2025 elections as final and executory.
In an en banc ruling, the poll body said its Dec. 27 decision barring Erice from next year’s mid-term elections is “declared final and executory under the Comelec Rules of Procedure and Comelec Resolution 11046.”
The Comelec said it released the certificate of finality since the Supreme Court did not issue a temporary restraining order (TRO) on the ruling.
Erice yesterday asked the High Court to reverse the ruling and allow him to run for a seat in the House of Representatives next year.
In an 18-page petition for certiorari with application for TRO and/or writ of preliminary injunction, Erice asked the court to prevent the poll body from implementing its resolution and to include his name among candidates in the printing of ballots.
Erice told reporters yesterday that the allegations against him were “funny” and “ridiculous,” arguing that Section 261 can only be violated on election day.
“It is very clear that this can only be violated during the day of the elections. And they’re saying that I am causing chaos. I am not. I want to fix the elections,” Erice told reporters.
“They said I’m spreading rumors that may affect the integrity of the Comelec. But the Comelec itself is the one doing things that are affecting their integrity,” he said.
Under the Comelec’s Rules of Procedure, an en banc decision or resolution shall become final and executory after five days from receipt, unless restrained by the Supreme Court.
“Whereas, no restraining order has been issued by the Supreme Court within five days from receipt of the parties of the Resolution that would preclude the Dec. 27 resolution from being final and executory,” the Comelec said.
In its 30-page decision, the commission en banc concurred with the earlier decision of the Comelec Second Division to disqualify Erice for coming out with statements questioning the credibility of South Korean firm Miru Systems’ automated election system.
“The integrity of elections is the cornerstone of democracy, and any act that undermines this foundation cannot be tolerated. Respondent’s disqualification is not merely justified but necessary to protect the sanctity of our electoral process. This Commission must act decisively to ensure that the people’s trust in their democratic institutions remains intact,” the Comelec noted.
Comelec Chairman George Garcia said they are prepared to adhere to whatever will be the response of the SC to Erice’s petition.
“In case we have started printing the ballots and the SC issues a TRO, we will then find a way to follow the order,” Garcia said.
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