Comelec to file motion for reconsideration on SC ruling on 2nd placers

Commission on Elections. File photo

MANILA, Philippines — The Commission on Elections (Comelec) on Monday said it will file a motion for reconsideration before the Supreme Court to clarify the implications of its new ruling which stated that second placers in local elections cannot be proclaimed winner if the first placer has been disqualified.

In its ruling made public Sunday, the Supreme Court effectively discarded the earlier Jalosjos vs. Comelec doctrine, which permitted the proclamation of second placers as winners, overturning it on the grounds that it lacked legal basis.

READ: SC: 2nd placer in local polls can’t take place of DQ’d winner

“We are currently considering, together with our law department and in coordination with the Solicitor General, the possibility of filing a motion for reconsideration, as we believe there are still aspects that need to be clarified, particularly the apparent disregard of the second placer doctrine.,” speaking in Filipino, Garcia said in an interview with reporters.

Garcia said the Comelec also intends to clarify what its implications will be for national positions.

According to Garcia, the poll body has several decisions set to be released prior to the decision, which may still be following the former doctrine.

“So what should Comelec do now? Should we withhold these decisions for the meantime, refrain from releasing them, and wait until the Supreme Court’s ruling becomes final and executory? Again, this is still subject to a possible motion for reconsideration,” said Garcia.

Proclaimed as winners

Another particular challenge the Comelec now faces with the new decision, said Garcia, is the second placers it already proclaimed as winners.

Due to this the Comelec also intends to know if the decision will take effect retroactively, or only after the decision has become final and executory.

“That’s very important, because once Comelec has made a proclamation, we lose jurisdiction over the matter. So the question is, if we’ve already proclaimed someone as the second placer, and this new decision has come out, does that mean the proclamation we made is now considered void or without effect?” said Garcia.

“And to think that the Supreme Court’s decision is still subject to a motion for reconsideration,” he added.

Garcia said the Comelec en banc will convene to tackle the SC’s decision, noting that they have until 15 days to file a motion for reconsideration after receiving a copy of the decision on June 19. /mr