UNA files TRO vs bets’ substitution in Makati

UNA files TRO vs bets’ substitution in Makati | Daily Tribune

The United Nationalist Alliance (UNA) on Friday filed a Petition for Certiorari before the Supreme Court seeking to nullify a resolution by the Commission on Elections (Comelec) En Banc that allowed the substitution of a candidate for the 2025 elections beyond the prescribed deadline and in clear violation of statutory requirements.

UNA asserted that the Comelec acted with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the questionable resolution.

In its petition, UNA challenged the Comelec resolution approving the substitution of Fernando Brul Bolo by Marie Antoinette Franchesca Rounsaville Calimbahin of the Makatizens United Party (MKTZNU).

UNA claimed that the Comelec improperly accommodated Makatizens’ substitution of candidates despite the 8 October 2024, non-extendible deadline for voluntary withdrawals under Comelec Resolution No. 11045.

“The Commission En Banc clearly exceeded its authority. The rules explicitly state that substitution beyond the deadline is allowed only in cases of death or disqualification, not voluntary withdrawal, no matter the reason,” UNA Secretary-General Atty. JV Bautista said in a statement.

Bolo, whom Calimbahin seeks to replace, had withdrawn his candidacy due to medical reasons. However, UNA pointed out that under Comelec rules, voluntary withdrawal does not justify substitution beyond the deadline unless the original aspirant dies or is disqualified.

“While substitution is permitted under the Election Code, it is not an absolute right,” Bautista emphasized. “No provision authorizes the substitution of a candidate beyond the deadline based on humanitarian considerations. The Comelec’s action sets a dangerous precedent, undermining the integrity of electoral rules.”

UNA’s Petition for Certiorari, filed under Rule 65 of the Rules of Court, seeks to set aside the Comelec resolution dated 7 January 2025, which granted the substitution.

According to Bautista, the said resolution violated the Election Code, Comelec rules, and the equal protection clause by favoring the Makatizens United Party over other political parties.

“The Commission acted with undue haste and grave abuse of discretion. The motion for reconsideration filed by the MKTZNU was prohibited under the Comelec Rules of Procedure, yet the resolution was issued in its favor,” Bautista said.

UNA also raised procedural concerns, asserting that there was no proper filing of Bolo’s Statement of Withdrawal or the requisite Authority to File it, rendering the substitution invalid.

Moreover, UNA noted that the petition filed by Makatizens was administrative in nature and should have been addressed under existing rules, not through an exceptional resolution.

To prevent further complications, UNA has requested the issuance of a Temporary Restraining Order to halt the implementation of the Comelec resolution.