‘Retain Poe’s name in ballot’

MANILA, Philippines – Former Commission on Elections (Comelec) chairman Sixto Brillantes Jr. said it would not be proper if the name of presidential aspirant Sen. Grace Poe would be removed from the list of candidates of the 2016 presidential elections pending resolution of her disqualification case before the Comelec.

Even if Poe loses in the Comelec, she could still appeal her case before the Supreme Court.

Brillantes said there is a possibility that the SC might decide in favor of Poe.

“If that would be the case, then how can you return Poe’s name in the ballots that were already printed,” Brillantes said.

He said Poe has an option to appeal for a mandatory injunction before the C to include her name in the ballot.

Should Poe lose at the high court, the votes for her will not be counted.

Brillantes cited what happened in the 2010 elections where presidential candidate Vetellano Acosta’s name was still included on the ballot even if he was declared nuisance, Brillantes said.

All of his votes were not counted by the poll body.

He also urged the poll body to quickly resolve all the disqualification cases filed against Poe and fellow presidential aspirant Davao Mayor Rodrigo Duterte.  

Both Poe and Duterte face disqualification cases before the Comelec after they filed their respective certificates of candidacy (COC) for president.

Poe faces four disqualification cases questioning her residency while Duterte faces possible disqualification for substituting for a candidate who had withdrawn and whose COC had an erroneous entry.

Brillantes said the Comelec should resolve the disqualification cases of Poe and Duterte ahead of the official printing of the ballots or before Jan. 15, and while the SC is not yet on recess.

He explained that each candidate facing disqualification would surely appeal before the high court should the Comelec favor the petitions filed against them.

“What I am praying for is to move fast to resolve these cases immediately, because there are still pending disqualification cases before the poll body. Whatever their decision may be, all petitions should be consolidated for the Supreme Court to decide,” he said.

“We have to consider the fact that holiday is approaching. The SC generally can have their vacation during holidays, so if the appeal is beyond Dec. 15 there is the possibility that the magistrates could not decide on it because they are in recess,” he said.

The Comelec’s Second Division on Tuesday granted the petition filed by former Government Service Insurance System lawyer Estrella Elamparo against Poe over an alleged material misrepresentation on her COC.

Elamparo urged the Comelec Friday not to print Poe’s name on the ballots as an effect of the poll body’s Second Division ruling that affirmed the disqualification case against the senator.

She said the poll body should delay the printing of the ballots for the 2016 polls until after the high court decides with finality on the merits of the disqualification cases against Poe.

Broadcaster Ruben Castor filed a disqualification case against Duterte before the Comelec, asking the poll body to declare null and void the COC of Martin Diño, who was initially PDP-Laban’s presidential candidate.

Diño later on withdrew his candidacy.

Brillantes said the Comelec should allow Duterte to run for the 2016 polls.