Comelec: Tarlac mayor disqualification 'final, executory'

The Commission on Elections (Comelec) declared Wednesday  that its decision declaring Tarlac City Mayor Susan Yap-Sulit ineligible to serve public office for allegedly failing to meet the mandatory one-year residency requirement as final and executory.

Poll chief George Erwin Garcia said the Comelec en banc decision, which annulled Yap-Sulit’s proclamation, became final and executory after the poll body failed to receive a temporary restraining order (TRO) from the Supreme Court (SC) against the ruling five days after its promulgation. 

“Wala pa tayo natatanggap na TRO. Therefore, ‘yung process ng pag-issue ng entry of judgement and certificate of finality will have to proceed. Iyan ay established rules ng Comelec and sustained by the SC,” Garcia said. 

(We have yet to receive a TRO. Therefore, the process of issuing the entry of judgement and certificate of finality will have to proceed.)

According to the Comelec chief, the incumbent vice-mayor will succeed Yap-Sulit following the finality of the ruling. The Department of the Interior and Local Government (DILG) will implement the decision. 

“Ginagalang natin ang opinyon ng public officials. Aaminin natin siya ay nahalal. Kaya lang, hindi nawawala jurisdiction ng Comelec kahit ang candidate ay proclaimed na, lalo na local official,” said Garcia. 

(We respect the opinions of our public officials. We admit she was elected. But Comelec jurisdiction remains even after the candidate has been proclaimed, especially for local officials.)

“Sa Velasco vs Comelec, sinasabi na ang will of the people cannot prevail over the rule of law. Ibig sabihin, maaring nahalal pero kung pagkahalal ay sa paniniwalang ikaw ay qualified, yun pala hindi, ibig sabihin from the very start hindi ka kandidato.

(In the case of Velasco vs Comelec, the Court said that the will of the people cannot prevail over the rule of law. This means that a candidate may have been elected but if you are not qualified, then that means their candidacy is void from the start.)

The Comelec en banc disqualified Yap-Sulit in the 2025 May elections for allegedly failing to meet the mandatory one-year residency requirement. The en banc also said the mayor failed to establish that she is a resident of Barangay Tibag as prescribed under the Local Government Code and annulled her proclamation.

Yap-Sulit said she will exhaust all legal remedies against the Comelec decision. —RF, GMA Integrated News