Comelec refuses substitution

SUPPORTERS of slain candidate for Cebu City councilor Cresistomo “Tata Negro” Llaguno trooped to the Commission on Elections (Comelec) 7 Office yesterday to push for his replacement.

The group gathered outside the Comelec office to ask the poll body to allow Cresistomo’s brother, Cary, to run in his place.

Cresistomo, 35, who was seeking a post in the Cebu City council for the May 10 elections, was murdered while campaigning in Barangay Lorega-San Miguel last Tuesday

afternoon.

The gunman, identified as Jimmy B. Diala, 40, was arrested shortly after the attack.

Cresistomo’s mother, Cristita, said her family decided to field Cary, the victim’s older brother, to continue what his brother started.

“Ipadayon ang kausa ni Tata kay mutabang ra man gihapon na siya (Cary will continue Tata’s cause for the poor),” Ramon Resma, one of the supporters, said.

“Ngano siya pa man? Maayong tao si Tata. Dili mamili kinsa’y tabangan. Bisag taga-north ka o taga-south district (Tata was a good person. He always helped those in need),” a crying supporter said.

But according to Comelec rules, Cresistomo cannot be replaced by a substitute candidate because he filed his certificate of candidacy for Cebu City north district councilor as an independent bet.

“His candidacy will be totally disregarded because he was an independent candidate,” Rudy Gilos, acting election officer for the city poll office for the north district, said yesterday.

Citing section 13 of the Commission on Elections Resolution 8678, he said only candidates belonging to a political party can be replaced.

“If after the last day for the filing of certificates of candidacy, an official candidate of a registered political party dies, withdraws or is disqualified for any cause, he may be substituted by a candidate belonging to, and nominated by, the same political party. No substitute shall be allowed for any independent candidate,” the resolution reads.

“We sympathize with the family and the friends, but we cannot go against the law. Substitution of candidates in cases of death, disqualification or withdrawal is not allowable unless the running candidate belongs to a political party,” Comelec 7 Legal Officer Enerio Ocariza Jr. said. Katreena Bisnar, UP Masscomm intern)).

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