Oreta seeks Comelec ruling on Malabon council vacancy

MANILA, Philippines - Malabon City Mayor Canuto Oreta asked the Commission on Elections (Comelec) to rule on how to fill a vacancy in the incoming city council created by the death of a newly elected councilor who was proclaimed but had not yet taken his oath as a member of the council.

Oreta said he has written the Comelec to clear the conflicting legal opinions on the replacement of the late district two councilor-elect Edward de la Cruz, who was killed in an accident along the North Expressway in Pampanga last week.

“There are two conflicting opinions, one is that the party will nominate the replacement but other legal minds also said that there was no vacancy because De la Cruz had not taken his oath” Oreta told The STAR.

He said the case might reach the courts to determine if there is already a vacancy despite the fact that the departed councilor has yet to take his oath of office.

Oreta said some lawyers said the Comelec could fill the vacancy in the six-member district two council by allowing the seventh-ranked candidate to replace De la Cruz.

Lawyer Ferdinand Rafanan, Comelec legal division chief, earlier told The STAR that the vacancy in the council will be created as soon as the new members of council convene in July. The incoming president, through the executive secretary, will appoint the replacement from among those recommended by the president of the Liberal Party, to which De la Cruz belonged.

Actress Angelika de la Cruz has expressed her intention to replace her brother in the council.