Comelec decision served on Arcilla
CEBU, Philippines — The Commission on Elections in Cebu City yesterday served an en banc decision declaring null and void the certificate of candidacy of reelected Councilor Alvin Arcilla.
Comelec-Cebu City North District election officer Chauncey Boholst said the resolution was served on Arcilla at his office at the City Hall yesterday afternoon. Boholst refused to comment what would happen next after saying it would be up to the complainant, Allen Canoy and his lawyer, to take initiate the next move.
“Dili nako mohatag og opinion, karon man gud, na-served na ang en banc resolution and it’s up for their lawyer to file a pleading or motion. Mura man gud og mo-appear nga matudluan nako sila,” Boholst explain.
Outgoing Cebu City Councilor Jerry Guardo, who ranked 9th in the last midterm elections, will have a chance to be proclaimed winner if Arcilla’s disqualification is implemented, said he does not want to assume at this time.
He said it is still too early to hope that he would be proclaimed because there is still no writ of execution. Guardo said he will wait for the complainant to file a motion for the issuance of the writ of execution and the final decision because Arcilla still has legal remedies available to him.
“I am not expecting, wait lang gyud ta og unsa gyud ang decision puhon… I believe the party has still the legal option so we just wait until this will be resolved,” Guardo told The FREEMAN.
Arcilla has five days from yesterday to secure a temporary restraining order to stop the Comelec from implementing the en banc decision. The poll body ruled on May 28 that Arcilla is not eligible to seek reelection because of the Constitutional mandate on term limits.
The Comelec said that Arcilla had already exhausted his three consecutive terms from 2010 to 2019. In a separate interview, incoming mayor Edgardo Labella said that the Comelec decision would become “final and executory” if Arcilla fails to secure a TRO.
“If you ask me because I am a lawyer, I know the legal ramifications, I think with that decision of Comelec en banc, if they want to go to the Supreme Court, they need to have an injunctive relief, para nga makapadayon, kung wala I think that would be final and executory,” Labella said.
Labella said he believes that after five days and no TRO is issued, the candidate who garnered the 9th most number of votes in the last elections should be proclaimed.
“The logical consequence is for the number nine to take over, that is my view. I don’t know if there’s a contrary view to that. That is my view that it would be the number nine,” Labella said. — FPL (FREEMAN)