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Lawyers contest Comelec move to call special polls for Ignacio Arroyo’s seat

Ignacio “Iggy” Arroyo Jr. INQUIRER FILE PHOTO

Two lawyers asked the Supreme Court on Thursay to nullify a Commission on Elections (Comelec) resolution setting a special election in the 5th district of Negros Occidental on June 2 to fill a vacancy in the House of Representatives created by the death of Representative Ignacio “Iggy” Arroyo on January 26.

In a 22-page petition submitted to the Supreme Court, lawyers Romulo Macalintal and Antonio Carlos Bautista said the date of the special election was “illegal because it will be held beyond the period as provided for by law.”

Pending the resolution of their petition, Macalintal and Bautista asked the high court to issue a temporary restraining order to prevent the Comelec from disbursing funds for the holding of the special election.

In a statement accompanying the petition, Macalintal said Section 4 of Republic Act No. 7166, or the Synchronized Election Act of 1991, provides that in case of a special election to fill a vacancy in the House of Representatives, it “shall be called and held not earlier than 60 days nor longer than 90 days after the occurrence of the vacancy.”

Macalintal explained, “Since Arroyo died on January 26, the earliest date [the] special election could be held was last March 26, the 60th day after the occurrence of the vacancy; and [the] latest date it could be held would be April 25, the 90th day after the occurrence of [the] vacancy.”

The 90-day election period in the 5th district began on Thursday. The Comelec scheduled the filing of certificates of candidacies from May 14 to 15 and the campaign period from May 17 to 31.

The 5th district covers the city of Himamaylan and the towns of Binalbagan, Hinigaran, Isabela, La Castellana and Moises Padilla. Jerome Aning

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Tags: Comelec , Congress , Ignacio Arroyo

  • ddano

    Kill Joys naman kayong dalawa. Eh di walang ” kita ” sila Mang Sixto at mga alipores niyang commissioners pag hindi natuloy ang election sa Negros.

  • simondj

     it “shall be called and held not earlier than 60 days nor longer than 90 days after the occurrence of the vacancy.” parang malabo ata dahil parang sabay iyong called and held. called and held daw 60 to 90 days from vacancy? lalabas na less than one month ang campaign period.

  • tra6Gpeche

    This is my second comment regarding this special election on Mr. Iggy Arroyo’s vacated position in Congress. Why does the Comelec have to call this special election? Why can’t it wait for the general election? Waiting for the general election will save the government a lot of money that can be used for other purposes like using it on the basic needs of the people of 5th district of Negros Occidental. This seat of the late Mr. Iggy Arroyo can wait until the general election. Unless of course, if the candidates for the seat are dying (atat na atat) to have this position for their selfish reason. By waiting, everyone will benefit except the winner of that special election. I salute Mr. Macalintal and Mr.Bautista for being on top of this issue. You two deserve to be congratulated.

  • http://pulse.yahoo.com/_QZZKXPEA67I7HELEIYM35QVYFA Jon

    Kundi ba naman mga tanga’t kalahti ang mga taga Comelec.
    Magpapa-eleksyon eh wala nang isang taon uupo ang papalit?
    Dalawa lang yan.
    Napakatanga lang talaga nila o masyadong nagmamadaling mag “boundary” sila.
    Eto ba yung “walang corrupt”sa admnistrasyong ito?  

  • generalproblem

    hayaan munang walang congressman dyan kasi kahit naman nung buhay pa si iggy parang wala din naman. saka malapit na election sabay na lang dun para tipid. mangungurakot na naman ang comelec kaya gusto mag pa election o kay pinipilit ni jose pidal para kamag anak nya ang kumandidato. hoy kayong mga negro este mga taga negros eh pwee ba maawa naman kayo sa mga susunod na henerasyon wag nyo na iboto ang mga pidal.

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