SC asked to stop special polls for Iggy Arroyo's post

In a 22-page petition for certiorari and prohibition filed with the high court on Thursday, lawyer Romulo Macalintal insisted that the June 2 polls should be considered illegal because it would be done beyond the 90-day allowable period for special polls to be held for vacancies at the House of Representatives.

 

Macalintal used as basis for his petition, which also seeks for the issuance of a status quo order, Section 4 of Republic Act No. 7166, which states that special elections to fill vacancies  “shall be called and held not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy.”

 

“Clearly, the Comelec committed grave abuse of discretion when it scheduled the said special election on June 2 which is 128 days after the occurrence of the vacancy," Macalintal said. Elections chairman Sixto Brillantes welcomed Macalintal's move, saying it would pave the way for the issue "to be resolved once and for all." Brillantes maintained that the allowable period when to hold special polls should start only once the House declares a vacancy. "We all know that once a person dies, he can no longer perform his duties. But still, there is only a vacancy once an official  notification from the House comes," he said. Brillantes said the Comelec is prepared to file a comment to challenge Macalintal's petition. Vacancy

 

Arroyo died January 26 in London due to a liver ailment. His remains were brought back to the Philippines on March 8.

 

Four days later, House Resolution No. 248 certified Arroyo's death and called for a special election to fill the vacancy.

 

In response, the Comelec set June 2 as the date for the special poll, citing as basis Section 2 of Republic Act 6645, which sets that the 90-day period starts on the day it received a resolution from the House of Representative certifying the existence of a vacancy in its roster.

 

But Macalintal insisted that the vacancy immediately started at the time of Arroyo's death, meaning the Comelec could only hold special elections between March 26, the 60th day after the vacancy, and April 25, the 90th day.

 

"If [Comelec's] line of thought would be followed, it would mean that deceeased Congressman Arroyo has still been occupying his position after his death... and that he only ceased to occupy his position on March 12, 2012, when the House Resolution was issued. Such line of thought results in an absurd situation," Macalaintal said.

 

He said the Comelec "mistakenly applied" Section of RA 6645 since it has already been repealed by Section 4 of RA 7166.

 

“In other words, Section 4, of RA 7166 fixed the reckoning or reference date in counting the period for conducting such special election ‘after the date of the occurrence of the vacancy’ and not ‘from the date of issuance by the House of a resolution certifying the existence of the said vacancy’ as provided under Section 2 of RA 6645 which, as stated, has already been amended by RA 7166," Macalintal said.

 

To support his arguments, Macalintal also cited the January 21, 2004 case of Tolentino vs Comelec where the Supreme acknowledged that RA 6645 has been amended by RA 7166.

 

Macalintal said that pending the resolution of his petition, the high court should issue a temporary restraining order to stop the Comelec from releasing funds for the speciall polls in Negros Occidental.

 

The Comelec is expected to spend about P30 million for it, earlier reports indicated.

 

Last month, the Parish Pastoral Council for Responsible Voting said holding special polls in the fifth district of Negros Occidental would be a "total waste" since the  midterm national elections were only a year away.

 

"It is highly unconscionable, impractical, and senseless to hold elections for the position left vacant by the death of Rep. Iggy Arroyo. The PPCRV sess no public good or service for such special elections," the group said. — RSJ, GMA News