The Supreme Court allowed Davao del Sur Vice Gov. Marc Cagas to stay in his post while it is resolving his petition challenging his disqualification from the May 2025 polls by the Commission on Elections.

The order, which was issued by the SC en banc in its December 3, 2025 resolution, required parties to observe the status quo prevailing before the Comelec issued the rulings that disqualified Cagas and annulled his proclamation.

It also directed the Comelec and Lanier Cadungog, who sought Cagas’ disqualification, to comment on his petition.

Earlier, the poll body ruled that Cagas was disqualified as a candidate in the May 2025 elections because he pleaded guilty to lesser offenses in the case filed against him concerning his Priority Development Assistance Fund as a lawmaker.

Cagas was sentenced to prisión correccional with the accessory penalty of perpetual special disqualification.

Under the Omnibus Election Code, the Comelec said an individual cannot run for an elective position if sentenced to a penalty of more than 18 months for a crime involving moral turpitude.

Earlier, the vice governor argued that a person convicted of a crime with the accessory penalty of perpetual special disqualification is still eligible to run for public office if granted probation and discharged from it.

Cagas said he was granted probation and did not serve time in jail.