Supreme Court asked to stop Negros special poll

MANILA, Philippines - Election lawyer Romulo Macalintal yesterday asked the Supreme Court (SC) to nullify the resolution of the Commission on Elections (Comelec) that scheduled the special election in the fifth district of Negros Occidental.

The special election was set on June 2 to fill the vacancy left by the death of Ignacio Arroyo last Jan. 26.

Macalintal also asked the SC to issue a temporary restraining order to prevent the Comelec from disbursing funds in connection with the special election.

In a 22-page petition, Macalintal and Antonio Carlos Bautista said Section 4 of Republic Act 7166 or the synchronized national and local elections law, provides that special elections to fill a vacancy in the House of Representatives “shall be called and held not earlier than 60 days nor longer than 90 days after the occurrence of the vacancy.”

“Since Arroyo died on Jan. 26, the earliest date such special election could be held was last March 26 – the 60th day after the occurrence of the vacancy…The latest date it could be held would be on April 25 – the 90th day after the occurrence of such vacancy, pursuant to the provision of RA 7166,” Macalintal said.

Macalintal said the Comelec has “mistakenly applied” Section 2 of RA 6645 or the law prescribing the manner of filling a vacancy in Congress, and counted the 90-day period to hold the special election from the date it received a resolution or communication from the House of Representatives certifying the existence of a vacancy. He said Section 4 of RA 7166 had amended Section 2 of RA 6645.

 Macalintal earlier said holding the special election with a P30 million funding is “impractical,” adding that the filing of the certificate of candidacy for the 2013 elections is barely four months away from the June 2 special election.

 Meanwhile, Cagayan Rep. Jack Enrile and Abono party-list Rep. Francisco Emmanuel Ortega III asked Speaker Feliciano Belmonte Jr. to just designate a caretaker in the fifth district of Negros Occidental.

“The caretaker will be the one to distribute appropriated funds for projects and also represent the constituents of the district,” Enrile said during a press conference at the Oasis Hotel Resort in San Fernando City in La Union.

“The Comelec should first determine if there is still 18 months left (on Arroyo’s term) but if it’s lesser, then the Speaker should decide if it will chose a caretaker, probably a neighbor congressman,” he said.

Comelec Chairman Sixto Brillantes, for his part, assured that holding the June 2 special poll is lawful.

Brillantes said counting should start from the day the House of Representatives had declared the post as vacant and not when Arroyo died.

“It is within 90 days if you count from that period. There’s no problem if we hold the special election on June 2,” Brillantes said.

Comelec spokesman James Jimenez, in an interview over Bombo Radyo Wednesday, said it is likely that the SC will deny Macalintal’s petition.

 He added that it would be unfair if the fifth district of Negros Occidental will not have a representative in Congress. – Sandy Araneta, Sheila Crisostomo, Jun Elias, Danny Dangcalan