Can candidate detained abroad take office if elected? Comelec says it's a 'gray area' | ABS-CBN
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Can candidate detained abroad take office if elected? Comelec says it's a 'gray area'
Can candidate detained abroad take office if elected? Comelec says it's a 'gray area'
Commissioner George Erwin Garcia speaks during the Comelec briefing at their headquarters on April 22, 2022. Jonathan Cellona, ABS-CBN News
Commissioner George Erwin Garcia speaks during the Comelec briefing at their headquarters on April 22, 2022. Jonathan Cellona, ABS-CBN News MANILA — Whether a candidate detained abroad can hold office if elected is a "gray area", the Commission on Elections said Thursday.
MANILA — Whether a candidate detained abroad can hold office if elected is a "gray area", the Commission on Elections said Thursday.
Comelec chairman George Garcia that while there is precedent for elected officials holding office while jailed in the Philippines, the question needs clarification.
Comelec chairman George Garcia that while there is precedent for elected officials holding office while jailed in the Philippines, the question needs clarification.
“[T]echnically, yung territorial jurisdiction abroad wala tayo sa ating bansa, so isa yan sa gray area — naniniwala tayo it will be resolved the soonest if the proper time comes, “ he said when ABS-CBN News asked about it at a news forum in Makati.
“[T]echnically, yung territorial jurisdiction abroad wala tayo sa ating bansa, so isa yan sa gray area — naniniwala tayo it will be resolved the soonest if the proper time comes, “ he said when ABS-CBN News asked about it at a news forum in Makati.
(Technically, we would not be in our own country, so that is a gray area. I believe that will be resolved soonest if the proper time comes)
(Technically, we would not be in our own country, so that is a gray area. I believe that will be resolved soonest if the proper time comes)
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Former senators Antonio Trillanes IV and Leila De Lima — both since released — spent parts of their terms of office at the Philippine National Police Custodial Center.
Former senators Antonio Trillanes IV and Leila De Lima — both since released — spent parts of their terms of office at the Philippine National Police Custodial Center.
At the same forum, Garcia said Comelec will retain jurisdiction of winning local candidates with pending disqualification or cancellation cases before the commission.
At the same forum, Garcia said Comelec will retain jurisdiction of winning local candidates with pending disqualification or cancellation cases before the commission.
“[K]ahit po siya ay nakaupo puwede po namin siyang tanggalin, puwede namin siyang alisin sa puwesto sapagkat the disqualification case pending before the Comelec or the proclamation of the candidate does not divest the Comelec of our jurisdiction sa disqualification,” Garcia told the media.
“[K]ahit po siya ay nakaupo puwede po namin siyang tanggalin, puwede namin siyang alisin sa puwesto sapagkat the disqualification case pending before the Comelec or the proclamation of the candidate does not divest the Comelec of our jurisdiction sa disqualification,” Garcia told the media.
(Even if they are already holding office, we can remove them because when there is a pending disqualification case before Comelec, the proclamation of the candidate does not divest the Comelec of our jurisdiction)
(Even if they are already holding office, we can remove them because when there is a pending disqualification case before Comelec, the proclamation of the candidate does not divest the Comelec of our jurisdiction)
Garcia explained the Department of the Interior and Local Government will be in the position to declare the elective position vacant in case the winning candidate cannot perform their function as a local chief executive.
Garcia explained the Department of the Interior and Local Government will be in the position to declare the elective position vacant in case the winning candidate cannot perform their function as a local chief executive.
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He said that has happened in the past for two elected barangay chairs who were jailed during barangay elections and could not perform their functions because they were in detention.
He said that has happened in the past for two elected barangay chairs who were jailed during barangay elections and could not perform their functions because they were in detention.
“Under the Local Government Code... nakalagay doon, in case of temporary vacancy the vice mayor, the vice governor shall assume the position in an acting capacity until the mayor or the governor has been duly qualified,” Garcia further explained.
“Under the Local Government Code... nakalagay doon, in case of temporary vacancy the vice mayor, the vice governor shall assume the position in an acting capacity until the mayor or the governor has been duly qualified,” Garcia further explained.
Comelec said earlier this week that former President Rodrigo Duterte will remain a candidate even after his arrest due to a warrant issued by the International Criminal Court and his name will remain on the official ballot for the 2025 National and Local Elections.
Comelec said earlier this week that former President Rodrigo Duterte will remain a candidate even after his arrest due to a warrant issued by the International Criminal Court and his name will remain on the official ballot for the 2025 National and Local Elections.
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