Keep DQ’d candidates on ballots, Comelec told

An election lawyer has urged that the names of disqualified candidates, whose appeals and requests for temporary restraining orders (TROs) are still pending before the Supreme Court, remain on the ballots.

This move, Atty. Romulo Macalintal argued, would prevent the Commission on Elections (Comelec) from destroying millions of printed ballots and spending hundreds of millions of pesos on reprinting.

Macalintal emphasized the practicality of his proposal, stating, “After all, a candidate nominated by a political party who is disqualified for any cause can still be substituted by another party member with the same surname.”

Macalintal cited Section 60 of Comelec Resolution 11045, issued on 28 August 2024. It provides that after 15 November 2024, a disqualified candidate from a registered political party may be replaced by another party member with the same surname. Substitution is permitted until mid-day on election day.

“To immediately delete the name of the disqualified candidate from the ballot would violate the party’s right to substitute its disqualified candidate until election day,” Macalintal said. “It would also defeat the purpose of allowing a substitute with the same surname as the original candidate.”

He added that keeping the names of all disqualified candidates with pending appeals on the ballots ensures that printing delays are avoided and minimizes waste of Comelec funds.

This approach, Macalintal noted, would remain effective even if the Supreme Court issues additional TROs for other disqualified candidates’ appeals.