Supreme Court reverses Comelec decision to prevent indigenous person to run for governor | ABS-CBN

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Supreme Court reverses Comelec decision to prevent indigenous person to run for governor

Supreme Court reverses Comelec decision to prevent indigenous person to run for governor

Adrian Ayalin,

ABS-CBN News

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The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News 


MANILA -- The Supreme Court said the Commission on Elections committed grave abuse of discretion when it refused to allow Chito Bulatao Balintay, a member of the indigenous peoples of Zambales, to run for provincial governor in this year’s midterm elections.

During its en banc session Tuesday, the high court granted Balintay's petition against the provincial election supervisor of Zambales. 

The court noted that Balintay filed his certificate of candidacy on the last day of filing, 25 minutes before closing time. But his COC was incomplete, missing a required fifth copy and documentary stamps. He was advised to complete his documents but it was already three minutes past the 5 p.m. deadline when he returned.

“The SC has recognized that elections are not conducted under laboratory conditions – the Comelec must be prepared to make quick decisions in response to unforeseen circumstances that could undermine or subvert the will of the voters,” the SC said.

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The SC recognized that under Section 37 of Comelec Resolution No. 11045, incomplete COCs will neither be accepted nor stamped “received,” even if submitted on time.

But the court told the poll body that it should “reexamine” whether its rules serve the interest of justice and fair play.

“Given these considerations, along with Balintay’s unique circumstances, the SC found that the Comelec’s strict application of its rules was unjustified, warranting the reversal of its decision,” the SC said.

Last January 14, the SC issued a temporary restraining order which prevented the Comelec from enforcing its decision rejecting Balintay’s application.

Following the granting of Balintay’s petition, the SC ordered the Comelec to finally accept his COC and include his name in the official ballots for Zambales governor in the 2025 elections.

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