THE Commission on Elections (Comelec) deemed as final and executory the cancellation of Alvin Arcilla’s candidacy for councilor of Cebu City’s north district.

Arcilla had failed to have the Supreme Court issue a temporary restraining order (TRO) on the Comelec resolution cancelling his candidacy.

The Comelec issued on Friday, June 21, 2019, a certificate of finality of its En Banc resolution issued on May 28, 2019 that cancelled Arcilla’s candidacy on the grounds that he had used up all three terms and could no longer seek another one.

But Arcilla said on June 21 that he had filed a motion for reconsideration with a prayer for a TRO on Tuesday, June 18, before the Supreme Court.

Deadline missed

Comelec had given Arcilla until June 21 to come up with the TRO; otherwise, the Comelec En Banc resolution is deemed final and executory.

Arcilla missed the deadline.

But Cebu City north Election Officer Marchel Sarno said he still needs the Comelec to issue a writ of execution.

The Comelec decision is final, but it requires a writ to carry it out, he said.

The writ of execution will state the composition of the Board of Canvassers (BOC) to proclaim Arcilla’s replacement, Sarno said.

Arcilla took his oath on June 21 together with other BOPK councilors before senator-elect Sonny Angara at the City Sports Club Cebu.

He placed seventh of eight councilors who won the May 13 elections.

Guardo in?

With the cancellation of his candidacy, the candidate who placed ninth, Jerry Guardo, moves up.

Guardo, for his part, said he has accepted his fate that he did not make it to the Top 8. But if the BOC deems him to be Arcilla’s replacement, he is ready to serve the people again and continue with the programs he has started.

Guardo has publicly expressed his support for mayor-elect Edgardo Labella of Barug-PDP Laban.

Another BOPK councilor, Sisinio Andales, is in the same situation Arcilla is in. Like Arcilla, he also took his oath on June 21.

Andales placed sixth. The Comelec has not yet released its decision on his case, but the circumstances of his case are a mirror to Arcilla’s.

Garganera in waiting

If Comelec issues a decision similar to that of Arcilla, Barug-PDP Laban’s Joel Garganera, who placed 10th, will move up and close the final eight councilors in the north district.

If Arcilla and Andales are edged out in the council, Labella will get the majority of the council, boosting his administration.

Both Arcilla and Andales together with 13 other Cebu City Hall officials were suspended for six months in May-December 2015 for each collecting P20,000 in calamity funds after Super Typhoon Yolanda. The Commission on Audit had disallowed the disbursement and ordered them to return the money, which they did.

They ran and won as councilors in 2010, 2013 and 2016. (PAC/MPS)