Comelec: No proclamation for 3 poll winners

CEBU, Philippines — Three of four Central Visayas candidates in last Monday's Barangay and Sangguniang Kabataan Electiosn (BSKE) who faced disqualification proceedings have won but would not be proclaimed, the Commission on Elections said yesterday.

Attorney Joaquin Fernandez, Comelec-7 administrative officer, said their respective seats would remain vacant pending the ruling on the disqualification complaints.

“Walay makalingkod,” he said.

The three are an SK councilor seat winner of Barangay Buanoy, Balamban, Cebu; and the winning candidates for barangay captain of Valladolid, Carcar City, Cebu and of Maguikay, Mandaue City, Cebu.

Yesterday, Fernandez said the disqualification complaints were already being forwarded to the Comelec national office in Manila and that suspension orders were already being readied.

As of this writing, Comelec-7 was still awaiting the result of the voting involving a candidate for Cancawas, San Jose, Negros Oriental barangay captain who was also a subject of a disqualification complaint.

“We have to wait unsay grounds so that we will know kung kinsay mopuli nila, if we will go with the rule of succession or the second place rule,” Fernandez said.

He clarified that should the disqualification complaints get dismissed, the winning candidates would be immediately proclaimed.

Fernandez said that having someone sit in "holdover capacity" is prohibited under the law because there has already been a suspension order of the proclamation.

Instead, he said, an officer-in-charge (OIC) could be appointed, but that is for the Department of Interior and Local Government (DILG) to decide on.

“Regarding sa appointment sa OIC, wala nay jurisdiction ang Comelec ana.... it will be the DILG,” Fernandez said.

He said that the disqualification complaints cited Section 68 of the Omnibus Election Code, which is on acts subsequent to the filing of COC (certificate of candidacy), and of Section 78, which is on misinterpretation in the COC. — (FREEMAN)