Marcos cancellation case petitioners can file MR: Comelec

Gillan Ropero, ABS-CBN News

Posted at Jan 18 2022 09:58 AM | Updated as of Jan 18 2022 10:07 AM

MANILA - Petitioners of the cancellation case against presidential aspirant Ferdinand "Bongbong" Marcos Jr. can file a motion for reconsideration with "dispatch" if they want to pursue the case, the Commission on Elections said Tuesday after one of its divisions rejected the complaint.

The case will then be decided upon by the Comelec en banc, said Comelec spokesperson James Jimenez.

"Nilinaw ng second division na, the second division clarified it’s no misrepresentation and Bongbong Marcos was in fact eligible to run for president," he told ANC's Headstart.

"What the petitioners need to do...they have to take all the necessary steps with dispatch...get a ruling before the campaign period starts. Otherwise they might have a difficult battle already ahead of them."

The Comelec, meantime, will "move forward with everything else, including the printing of the ballots."

The three disqualification cases against Marcos have been consolidated and is "awaiting judgment," Jimenez said.

There are "many more grounds" for disqualification cases versus cancellation cases, which seeks to cancel the COC of a candidate for not being filed correctly, according to Jimenez. 

"A disqualification case can be filed anytime. They could in the middle of a campaign period and they could still be subject to a disqualification case," he said.

"It’s not unfair to the candidate or any candidate ultimately because a disqualification case can be filed anytime before proclamation."

Substitution is a remedy for disqualification, Jimenez said. However, it can only be done until midday of the election day, he added.

"If a candidate is disqualified but still gets votes then it becomes necessary for them to have a substitute," he said.

"What happens if there's no substitute...those become stray votes, they will be counted for the record but they will not form part of the official tally."

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