THE Commission on Elections (Comelec) said the temporary restraining order (TRO) issued by the Supreme Court (SC) stopping the implementation of the poll body’s en banc decision to cancel the certificate of candidacy (COC) of presidential aspirant Sen. Grace Poe would not have an effect in their preparations especially in loading the names of candidates in the Election Management System (EMS).
Comelec spokesperson James Jimenez explained that the name of Poe would be included in the list of candidates as stated earlier by Comelec Chairman Juan Andres Bautista.
“The effect will probably be minimal because, remember when we started loading the EMS, we left the name of Senator Poe in, so I guess precisely just in case this sort of thing happens and it has. Wala masyadong effect dun sa preparations natin because the name is still there, so tuloy lang kami,” he said.
With this, the poll body official said they would comply with the High Court’s order.
“Comelec has been given 10 days to comment… Right now, I guess all that’s left for the Comelec is to comply with the order of the Court,” he said.
On Monday, the SC stopped Comelec from enforcing its decision that disqualified Poe.
The SC issued two separate temporary restraining orders (TROs) stopping the Comelec en banc from delisting Poe’s name in the list of presidential bets.
SC spokesman Theodore Te said the TROs were issued by Chief Justice Maria Lourdes Sereno since the SC is now on recess.
The TROs issued by Sereno would still be confirmed by the SC en banc during its next en banc session on Jan. 12, 2016.
The conduct of the oral arguments was set on Jan. 19, 2016, alongside with the oral arguments in the case of “Rizalito David vs. Senate Electoral Tribunal (SET) and Poe.”
Poe hailed the decision of the SC, calling it for a “just and compassionate decision.”
She said, “From the start, I put my full faith in the judicial process. The Comelec denied our people their choices in an open election but I am confident that the Supreme Court will uphold the truth and the spirit of the Constitution.”
Poe also thanked the High Court for acting on her petition despite being on recess for the holidays.
The TRO was granted on the same day the petition for certiorari was filed by Poe’s lawyer George Garcia who criticized Comelec for its “haste,” and timing in issuing two separate decisions granting petitions to disqualify his client.
The poll body came out with the decision in Dec. 23, the last working day before the long Christmas break, and gave Poe only five days to seek reversal from the SC.
Garcia earlier pointed out that the Comelec’s deadline violated the Omnibus Election Code, which states that rulings can only be implemented after 30 days.
Now that her case has reached its final battleground, Poe said, “We are confident the SC will honor previous jurisprudence on the rights of foundlings to a country and citizenship. I also pray that they will carefully look into the facts of my residence and my actual physical presence in the country.”
Garcia said they also filed a separate petition asking the three Justices who voted at the SET to inhibit themselves from the proceedings. The three magistrates are Senior Associate Justice Antonio Carpio, and Associate Justices Teresita Leonardo de Castro and Arturo Brion.
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