MANILA — A private citizen who secured the cancellation of the certificate of candidacy (COC) of a mayoral candidate in Agoo town in La Union has asked the Supreme Court to lift the halt order it issued last week against the proclamation of the winning candidate.

Alma Panelo, through her lawyer Edward Gialogo, filed her comment before the high court on Monday asking the SC to junk the petition filed by Frank Sibuma which sought to overturn the Comelec’s ruling cancelling his COC.

Sibuma ran for mayor of Agoo in this year’s polls and obtained more than 21,300 votes to edge out second placer and incumbent Agoo Mayor Stefanie Ann Eriguel Calongcagon who got more than 16,600 votes.

Panelo, a La Union resident, had questioned Sibuma’s COC, claiming he was not a resident of Agoo for a year prior to the May 2022 polls, contrary to his statement in his COC.

The Comelec, on May 16, found that Sibuma committed material misrepresentation in his COC regarding his residency.

It added that Sibuma failed to file a motion for reconsideration within 5 days, declaring the decision final.

It then issued a writ of execution, ordering the municipal board of canvassers to convene and annul Sibuma’s prior proclamation and proclaim Calongcagon instead as mayor of Agoo.

Calongcagon was proclaimed on July 5 and took her oath before senator Nancy Binay.

In the meantime, Sibuma filed a motion for reconsideration on May 27, claiming his previous lawyer only opened his email on May 22.

He also went to the Supreme Court which issued a temporary restraining order (TRO) and status quo ante order on July 5 but was released the next day.

In her comment, Panelo said the Comelec ruling cancelling Sibuma’s COC has become final and executory and can no longer be amended.

She faulted Sibuma’s lawyer for failure to file the motion for reconsideration on time, whether the 5-day period be counted from May 16, when the email was sent by Comelec, or on May 22, when Sibuma’s former lawyer allegedly opened it.

“If the Honorable Supreme Court will accept Sibuma’s argument that receipt of the subject Resolution should be reckoned from the date of opening of email (instead of the date it was sent by COMELEC), anomalous and absurd consequences will follow. The date of receipt of COMELEC’s Orders, Decisions, Writs, Resolutions will be at the mercy and whim of litigants who may not declare their actual date of opening of emails emanating from COMELEC,” Panelo said.

She added that Sibuma’s motion for reconsideration was filed only on 5:43 p.m. on May 22, beyond office hours, and he paid the filing fee only on May 30.

Panelo also presented a certification from the barangay or village chief indicating that Sibuma is not a resident of Agoo and other documents showing that he never resided in Agoo and that the property he claimed to be his address in fact belonged to his brother Eric.

Twelve of the 41 Agoo residents also recanted their affidavits supposedly vouching for Sibuma’s residency in Agoo.

• Comelec orders annulment of Agoo mayor proclamation

Panelo said Sibuma should have waited for the resolution of his motion for reconsideration before the Comelec before running to the Supreme Court.

She argued there was no basis for the SC to issue a TRO to stop Calongcagon’s proclamation because Sibuma had not shown any substantive right to the mayoralty of Agoo.

“[W]hile Sibuma garnered the highest number of votes for the position of Mayor of Agoo, La Union, the cancellation of his COC after the elections made his votes stray and invalid,” she said.

“Therefore, Sibuma’s proclamation was correctly annulled and Eriguel [Calongcagon] (the candidate next in rank who does not possess any of the disqualifications nor lacks any of the qualifications) is the one entitled to assume the office of Mayor of Agoo, La Union,” she added.

Calongcagon is on her third term as mayor of Agoo.

• Agoo mayor gets fresh term after Comelec cancels rival's candidacy