Comelec: Elago can take oath before new House speaker

MANILA, Philippines — Newly proclaimed Gabriela party-list nominee Sarah Jane Elago may have to take her oath before the new House speaker before assuming the post.

Commission on Elections (Comelec) Chairman George Garcia said Elago can take her oath before the Speaker in open session upon the issuance of a certificate of proclamation.

“They can take their oath at once and assume office as soon as we proclaim them,” Garcia said yesterday in Filipino. “Once proclaimed and they have taken their oath and assumed position, we will lose jurisdiction over them.”

Yesterday, Elago officially took her oath as the first nominee of Gabriela Women’s Party, which has been proclaimed winner of the 64th party-list seat in a simple ceremony at the Comelec main office.

Elago said the proclamation of Gabriela is a victory for women who fought to have representation in Congress.

As Gabriela’s nominee, Elago said she is ready to assume the post and file priority bills.

Elago said Gabriela will push for the P1,200 living wage bill, national minimum wage bill, SOGIE equality and divorce bills.

However, the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) is asking the Supreme Court to stop the Comelec from carrying out its decision to proclaim Gabriela Women’s Party as the 64th party-list organization in the House of Representatives.

In a petition for certiorari lodged through the Office of the Solicitor General yesterday, the high tribunal is also being called to issue a temporary restraining order and/or writ of preliminary injunction and/or status quo ante order against the proclamation, claiming a “clear constitutional breach” of the 20 percent ceiling for party-list seats.

Citing the Constitution and Party-List System Act, the NTF-ELCAC noted that with 254 legislative districts, the maximum lawful party-list allocation is only 63 seats and not 64.

Medical, psych clearances for bets

Candidates for public office should be required to submit medical and psychological clearances before being allowed to run for public office, Sen. Erwin Tulfo said yesterday as he stressed the need to ensure all public officials’ capacity to serve their full term.

At a hearing of the Senate public information and mass media committee, Tulfo said the Comelec should consider the matter for the 2028 elections, saying voters are at a disadvantage if winning candidates they voted for turn out to have a terminal illness or are mentally incapable of running their office.

“Maybe one thing we should consider in the next elections, since we will have three years before then, is for Comelec should study this requirement of candidates. Mr. Chair, I’m amenable to medical certificate, psychological clearance, isn’t that so?” Tulfo said in Filipino.

The senator pressed the Comelec on why it does not demand such documents from aspiring candidates.

Comelec executive director Teopisto Elnas Jr. explained that the poll body is bound by existing laws, which lists only specific requirements under the Omnibus Election Code.

“As far as the medical status of the candidate, we don’t require it,” he said, noting that the Supreme Court had also struck down an earlier attempt to mandate drug testing for candidates.

Tulfo countered that health disclosures should not be seen as discriminatory but rather as a measure of a candidate’s capability to hold office.

The senator also raised concerns about government agencies’ use of the Data Privacy Act to withhold information, saying legislators should not be denied access to records sought in aid of legislation. –  Michael Punongbayan, Neil Jayson Servallos