The Commission on Elections (Comelec) said it would appeal the recent Supreme Court (SC) decision barring the second placer in a local race from being proclaimed the winner if the first placer is disqualified.
In a 37-page ruling, the SC en banc said the second placer rule has no basis in law, abandoning its previous ruling in Jalosjos Jr. vs Comelec that said the rule should be limited to situations where the certificate of candidacy of the first placer was valid at the time of the filing.
“We are already considering, together with the Law Department in coordination with our Solicitor General, to file a motion for reconsideration, because we believe that there is something that we need to clarify and understand better,” Comelec Chairman George Garcia told reporters in Filipino.
“We also want to know the implications of this on the national position because the SC is having a discussion on that,” he added.
Garcia also said they want to see the effect of the High Court’s decision before and after the elections.
“Because it may also affect our existing rules here in Comelec,” he said, explaining that the decision could disrupt ongoing and future choices of the poll body, especially those involving the disqualification and cancellation of candidacies.
According to the Comelec chief, the poll body has several decisions set to be released before the decision, which may still follow the former doctrine.
“So what should the Comelec do? Should we not release it first and just wait for the SC’s decision to be final and executory? So again, it is still a subject for a motion for reconsideration,” Garcia said.
He said the Comelec en banc will convene to tackle the High Court’s decision, noting that they have 15 days to file a motion for reconsideration after receiving a copy of the decision on 19 June.