Comelec can’t stop convicted aspirants from seeking posts

Mayen Jaymalin – The Philippine Star
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October 5, 2024 | 12:00am

MANILA, Philippines — Aspirants for elective posts convicted by the courts can’t be prevented from running in the May 2025 midterm polls unless their conviction becomes final and executory, the Commission on Elections said yesterday.

Comelec Chairman George Garcia issued the clarification after Act Teachers party-list Rep. France Castro yesterday filed her certificate of candidacy (COC) for the senatorial race despite her conviction, along with 12 others, for child abuse by a Tagum City court.

Castro and the others were slapped with child abuse charges filed by police for their rescue of Lumad students six years ago.

Contesting her conviction, Castro argued she was convicted based on trumped-up charges and that she was only performing her duty as a government official when she helped the young school children escape harassment by a paramilitary group.

However, Garcia emphasized they may automatically disqualify dismissed Bamban mayor Alice from seeking reelection.

Garcia said the Comelec has the ministerial duty to accept the COC of Guo in case she pursues her plan to file her COC.

Guo’s real identity as a Chinese named Guo Hua Ping was unmasked at Senate hearings on Philippine offshore gaming operators (POGO).

But due to an ombudsman decision ordering her perpetual disqualification from holding public office, Garcia said the commission may automatically bar her from joining the mayoralty race.

Although an ombudsman’s decision is not yet final, Garcia stressed that the ruling is “immediately executory,” thus the Comelec is obliged to cancel her COC.

Garcia said Guo can only join the mayoralty race if the court issues a restraining order against the ombudsman’s decision. 

Sen. Joel Villanueva said it would be “ridiculous” if Guo would be allowed to seek reelection.

“While the Commission on Elections is constrained to accept Guo Hua Ping’s certificate of candidacy as part of their ministerial duty, we note that there is a pending material misrepresentation case against her when she ran for mayor in 2022, along with several cases filed by other agencies pertaining to her true identity,” Villanueva said.

“It cannot be denied that Guo Hua Ping is a fake Filipino – the birth certificate she used was forged and even her fingerprints, the National Bureau of Investigation has proven that Guo Hua Ping and alias Alice are the same,” he said. — Cecille Suerte Felipe, Emmanuel Tupas

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