Comelec may delist Junjun

MANILA, Philippines - Makati Mayor Junjun Binay may not be able to seek reelection following the order of the Office of the Ombudsman dismissing him from government service.

Commission on Elections (Comelec) Chairman Andres Bautista yesterday said Binay should secure a temporary restraining order (TRO) from the courts to be able to run in the May 2016 elections.

“If there is no temporary restraining order, does that mean the Comelec would reject and not include the name of Junjun Binay in the list (of candidates)? that is a possibility,” Bautista said.

He said Binay could file an appeal with the ombudsman or secure a TRO from the Court of Appeals or the Supreme Court.

“If he can’t secure a TRO, we will have to execute the ombudsman’s order,” he added.

Bautista said the poll body would also hear and decide if a petition for disqualification is filed against the Makati mayor.

In the meantime, he said he would allow the local Comelec office to determine whether or not to accept Binay’s certificate of candidacy.

He said accepting COCs is a ministerial function of the Comelec.

“Part and parcel of due process is we have to wait for a final (court) order of course. It doesn’t really have to be the SC,” he said.

Bautista added a person is presumed innocent until proven guilty.