Senator Grace Poe/FACEBOOK PHOTO
Senator Grace Poe’s name will remain in the ballot for now, the Commission on Elections (Comelec) said on Wednesday.
Comelec Chairman Andres Bautista said that despite the decisions of the poll body sitting en banc to uphold the senator’s disqualification, Poe is still included in the initial list of candidates for president which will be uploaded in the Election Management System (EMS),
“Right now, her name is still in the ballot,” Bautista said.
READ: Comelec en banc upholds Poe disqualification ruling
The Comelec chairman said that he does not know until when the senator’s name will be in the initial list.
“It depends,” Bautista said.
On the possibility that Poe’s camp fails to secure a temporary restraining order from the high court, the chairman said that the en banc will have to execute its decisions.
According to Rule 37 of the Omnibus Election Code, decisions in pre-proclamation cases and petitions to deny due course to or cancel certificates of candidacy shall become final and executory after the lapse of five days from their promulgation.
The decisions of the en banc were promulgated on Wednesday after Poe’s counsel Atty. George Garcia was personally served with the rulings.
The lapse of the five day period will be on Monday, Dec. 28.
READ: Poe still in presidential race, spokesman stressed
The commission on Tuesday voted separately on the two disqualification cases filed against Poe: the vote was 5-1-1 on the petition of lawyer Estrella Elamparo to cancel Poe’s certificate of candidacy, alleging that the senator committed material misrepresentation by claiming that she is a natural-born Filipino citizen and that she is a resident of the Philippines for the past 10 years—both qualifications required in the Constitution.
On the consolidated petition of former University of the East College of Law Dean Amado Valdez, De La Salle University professor Antonio Contreras and former senator Kit Tatad, the Comelec en banc voted 5-2. CDG