Supreme Court and the elections

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THE Supreme Court, being the final arbiter of all questions of law, is the only institution higher than the Commission on Elections (Comelec) in the implementation of election laws, procedures and directives.

This is the reason Comelec Chairman George Garcia assures the public that the commission will always respect and implement the decisions of the High Tribunal.

Lately, SC rulings have either affected or delayed the poll body’s preparations for the elections, both the first BARMM parliamentary elections and the May 2025 midterm elections.

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The court upheld the validity of the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (RA No. 11054) but declared the province of Sulu not part of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) after the province rejected the law’s ratification.  With Sulu out of the geographical area involved in the election, the Comelec had to overhaul its election preparations.

‘We hope the SC realizes that the Comelec needs enough time to prepare for the elections, and any more printing losses should be avoided.’

More election-related rulings descended on us from the high bench, this time in connection with the May midterm elections.  The Supreme Court issued temporary restraining orders (TROs) on the cases of disqualification of several candidates, among them Subair Guinthum Mustapha who was called a nuisance candidate for senator, and Edgar Erice who was disqualified for representative in Caloocan City.

The case of Erice deserves the public’s notice since the former Caloocan representative had engaged in the Comelec in a legal argument about the award of this year’s Automated Election System (AES) to the Korean firm Miru.  It could be one of the causes of Erice’s disqualification, since this feud with the poll body and its chairman reached the courts.

This Supreme Court order was made on Jan. 14, 2025, along with action on similar disqualification cases of Charles Savellano in Ilocos Sur, and Chito Balintay in Zambales, who are both running as members of the House of Representatives.

The Comelec stopped the printing of the ballots, although 6 million ballots have already been printed, verified and processed, costing close to P200 million. The Comelec cannot just ignore the Supreme Court’s TRO, which is effective immediately.  It should also be noted that the temporary restraining order coming from the Supreme Court has no expiration, unlike the TROs from lower courts.

As if these changes were not enough, another batch of TROs involving disqualified and nuisance candidates was again released by the High Tribunal.

The Comelec said the names of Marie Grace David, Mary Dominique Oñate and Aldrin Sta. Ana will now be included in the official ballots, as reprinting begins next week.  David is running for vice mayor of Limay, Bataan; Oñate for mayor of Palompon, Leyte; and Sta. Ana for mayor of Bocaue, Bulacan.

It is timely that upgrades in the Election Management System, Automated Election System, Consolidated Canvassing System, and Online Voting and Counting System are still ongoing and thus can accommodate ballot tweaks.

We hope the SC realizes that the Comelec needs enough time to prepare for the elections, and any more printing losses should be avoided.

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