MANILA — Unless the camp of presidential aspirant Senator Grace Poe is able to get a temporary restraining order (TRO) from the Supreme Court (SC), the decision of the Commission on Elections (Comelec) to cancel her certificate of candidacy (CoC) for President is likely to be implemented on Monday.
This, as the five-day period to appeal the ruling will lapse on Dec. 28.
With this, Atty. George Garcia, counsel of the lawmaker, is hoping that the poll body will wait for the ruling of the High Court before implementing its order disqualifying Poe from the 2016 presidential race.
He said that they are set to file their petition for a TRO before the SC on Monday.
“Pupunta kami sa SC ng Lunes pa lamang…hihilingin namin na magbigay ng TRO. Kung dumating sa punto na hindi agad makapag-issue ang SC ng TRO without preempting the SC, kasama sa aming panalangin ‘yong Status Quo Ante Order,” Garcia said in an earlier interview.
He explained that in case the High Tribunal issued a favorable ruling, “Ibig sabihin ibabalik ang situation sa panahon na parang wala pang desisyon ang Commission en banc and First and Second Divisions.”
Likewise, the election lawyer said they are wishing that the poll body will not immediately implement the order since the printing of the official ballots will not be conducted until the third week of January.
“We should not be in a hurry since the printing of the ballots will start on the third week of January or last week of January. If that is the case, why they are eager to implement the decision? We hope that we will be given more time and listen to the ruling of the SC,” Garcia said.
Last Dec. 22, the Commission en banc, voting 5-2, granted the petitions of Atty. Estrella Elamparo, former Senator Francisco Tatad, former Law Dean Amado Valdez and Professor Antonio Contreras to cancel the CoC of Poe.
The seven-man panel upheld the decisions of the First and Second Divisions that there were material misrepresentations in the CoC, particularly on the lawmaker’s residency and citizenship.
Those who voted to deny the motions for reconsideration (MR) filed by Poe’s camp were: Commissioners Arthur Lim, Al Parreno, Rowena Guanzon, Sherrif Abas and Luie Guia.
On the other hand, Comelec Chairman Juan Andres Baustita and Commissioner Christian Robert Lim have dissented. Ferdinand G. Patinio/PNAnorthboundasia.com