]THE petitioner who succeeded in getting the Commission on Elections to cancel the certificate of candidacy of Agoo, La Union Mayor Frank Sibuma yesterday asked the Supreme Court to lift the temporary restraining and status quo ante order it issued last week.
The injunction issued by the High Court prevented the Comelec from executing its ruling disqualifying Sibuma, who defeated his rival, Stefanie Ann Eriguel Calongcagong, in the May 9 elections.
Sibuma garnered 21,364 votes against Calongcagon’s 16,603 votes in the May elections.
In asking the SC to lift the TRO and SQA, Alma Panelo told the SC that Sibuma did not file a motion for reconsideration within five days from the Comelec’s ruling cancelling his COC.
“Sibuma did not file a motion for reconsideration within five days from May 16, 2022. Thus, on May 24, 2022, Comelec issued a certificate of finality and entry of judgment,” Panelo said in her motion.
Sibuma earlier claimed he read the May 16 resolution from the poll body only on May 22 and argued he had until May 27 to contest the resolution.
The SC’s order stopped the Comelec from implementing its resolution dated May 13, 2022 and the corresponding June 29 writ of execution ordering the Agoo board of election canvassers to reconvene and proclaim Eriguel Calongcagon as the winning town mayor.
To recall, the special second division of the Comelec directed the Agoo municipal board of canvassers to annul the proclamation of Sibuma as it granted a petition to cancel his certificate of candidacy over questions of residency.
Panelo claimed Sibuma committed material misrepresentation when he claimed that he had been living in Agoo for one year and three months before the May 9 elections. She said he is a resident of the neighboring town of Aringay.
