THREE candidates in the Cordillera Administrative Region (CAR) have hit a snag in their bids in the May polls.
In a six-page minute en banc resolution of the Commission on Elections (Comelec), incumbent Baguio City Councilor and mayoralty candidate Edgar Avila, as well as Abrian Cabatsi Libang and Josewon Lippad Oryan of Mountain Province who are running for congressman and municipal councilor, respectively, were deemed as among the 25 candidates all over the country who did not comply with the rules set by the electoral tribunal.
Comelec Assistant Regional Director Vanessa Roncal said that in the case of Avila, he has not yet been disqualified but his Certificate of Candidacy is considered not filed at all.
“In the case of Councilor Avila, what happened was that the Commission en banc found out that the form that he had submitted, particularly the Certificate of Candidacy, was not the correct form of Certificate of Candidacy which is supposed to be submitted for the 2019 elections. So because of that, the Commission en banc made a ruling that all those, including the 24 others who did not submit the correct forms were deemed not submitted or not filed,” Roncal said.
The Comelec announced on March 6 that the candidacies of 25 bets, with three coming from CAR, were “deemed not filed” due to non-conformity with Section 16 and 26 of Comelec Resolution 10430, specifically on the amended Certificate of Candidacy (COC) without item 22, which consequently deleted/removed/cancelled from the official ballot and certified list of candidates for the May 13 elections.
Based on the Comelec Resolution 19-0286, Avila should not be voted upon during the elections, but since his name is already on the ballots for the 2019 elections, all votes for him will now be considered as “stray votes.”
The resolution read: “Considering the foregoing and after due deliberation, the commission resolved, as it hereby resolves, to adopt the recommendation of the law department to apply the ruling of the Commission en banc in Minute Resolution 18-1182 dated November 28, 2018 which resolved, among others, that all Certificates of Candidacies following the old format which lacks item 22, as received from Comelec field offices nationwide, shall be deemed not filed, for being not in conformity with Comelec Resolution 10420, as amended by Comelec Resolution 10430 and as such, notwithstanding that their names are already in the official ballots for 2019 NLE, they shall not be voted for, and any votes cast in their favor shall be considered stray.”
Roncal said “under the Comelec rules, he will have ample number of days for him to file whatever legal remedies that he may want to avail of and that is what he can do.”
Avila on Friday morning, April 5, called for a press briefing to address the issue. He said he received a call from the Comelec informing him of the decision.
The new COC form, which Avila should have used, has Question #22, which asks candidates if they have ever been found liable of an offense that carries with it the accessory penalty of perpetual disqualification among others.
Question #22 is not present in the form that Avila filed.
“In answer to that question, part of my COC included some cases that were filed but were all dismissed, which shows that I have complied with question number 22 which was verified by Atty. John Martin and his staff, to which they admitted my COC, which was sent to Manila, who issued my number. So, for all intents and purposes, I have been an official candidate recognized by Comelec,” he said.
He said under the rules of the procedure of Comelec and the Omnibus Election Law, even minutes of resolution must have due process.
“I was not served with a copy indicating a problem of my COC. I did not have a hearing which in this case, due process of law was deprived to me, therefore this order is null and void for violating the basic constitutional precept of due process of law,” he said.
Avila asserted he is not technically disqualified by Comelec because the poll body considers his COC as "not filed."
“We have complied with number 22 substantially therefore, there is no basis on what they claim that I did not file a proper form. In the case of Fermin vs Comelec, the Supreme Court decision said an error in a form by a candidate for an election should not be the basis for disqualification nor based on substantial basis, meaning misrepresentation. Meaning, if I lied about my address and other matters indicated in the COC form, then that is misrepresentation which is a ground for disqualification,” he said.