Jamaine Punzalan

Former congressman Edgar Erice files a petition for certiorari and TRO against Comelec and Miru Systems contract for the 2025 automated elections at the Supreme Court. Adrian Ayalin, ABS-CBN News

Article (news)

Erice seeks reversal of disqualification from 2025 elections

Adrian Ayalin

Willard Cheng

ABS-CBN News

<div><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/17358801551621713413799558GLalhm1bQAAYaTh.jpeg" style="width:950px" class="fr-fic fr-dib" alt="Former congressman Edgar Erice files a petition for certiorari and TRO against Comelec and Miru Systems contract for the 2025 automated elections at the Supreme Court. Adrian Ayalin, ABS-CBN News"/>Former congressman Edgar Erice files a petition for certiorari and TRO against Comelec and Miru Systems contract for the 2025 automated elections at the Supreme Court. Adrian Ayalin, ABS-CBN News</div><div> </div>MANILA (UPDATED) — Former Caloocan City Second District Rep. Edgar Erice questioned before the Supreme Court the decision of the Commission on Elections to disqualify him in the congressional race in this year&#x27;s national and local elections.Erice filed a petition for certiorari with a prayer for the issuance of a Temporary Restraining Order against the poll body after the Comelec En Banc affirmed the decision of its Second Division.<div><a href="https://www.abs-cbn.com/news/nation/2024/11/27/comelec-2nd-division-grants-disqualification-petition-vs-ex-rep-erice-0114">Comelec 2nd Division grants disqualification petition vs ex-Rep. Erice</a></div>Erice noted that his supposed violation of Section 261 of the Omnibus Election Code was “ridiculous.”Section 261 lists election offenses, but Erice was accused of and disqualified for allegedly &quot;[propagating] false and alarming reports or information&quot; to disrupt or obstruct the elections or to confuse voters.“[A]ng basehan po nila ay nilabag ko raw ang Section 261 ng Omnibus Election Code, pero maliwanag na maliwanag kahit basahin ninyo ngayon, ito po ay malalabag ko lamang sa araw ng halalan,” he said.(Their basis is I supposedly violated Section 261 of the Omnibus Election Code, but it is very clear — even if you read it right now — that can only be violated on election day)Erice also countered the Comelec’s contention that he was spreading false rumors that affect the integrity of the elections.“Iyon pong mga sinasabi ko may batayan, iyan po ay aking constitutional right para i-criticize ang isang ahensya ng gobyerno at sinumang pinapasweldo ng mamamayang Pilipino at ako po ay isang taxpayer, hindi po ako kasalukuyang opisyal. Ngayon, ordinaryong taxpayer,” Erice said.(What i am saying has basis. That is my constitutional right to criticize a government agency and any civil servant. I am a taxpayer, I am not a sitting official.)Last year, Erice urged the Supreme Court to block the P18 billion automated elections contract between the Comelec and Miru Systems over alleged irregularities in the procurement system, among others.<div><a href="https://www.abs-cbn.com/news/2024/4/18/sc-urged-to-block-comelec-miru-contract-for-2025-polls-1004">SC urged to block Comelec-Miru contract for 2025 polls</a></div><div>COMELEC CHAIR: DISQUALIFICATION IS FINAL AND EXECUTORY</div>In the absence of a temporary restraining order from the Supreme Court, the Comelec en banc resolution disqualifying Erice from the 2025 congressional has become final and executory, Comelec Chair George Garcia said.As a result, Erice’s name will not appear on the ballot, Garcia said. The poll body will start the printing of ballots for the elections on Monday, January 6.“Kung sakasakali naman po nag-print kami ng balota at sinabihan kami halimbawa ng Korte Suprema, nag-issue sila ng temporary restraining order laban sa Komisyon, syempre po ay gagawa at gagawa kami ng paraan na tumalima sa utos po ng ating Kataastaasang Hukuman,&quot; he said.(In case the Supreme Court issues a TRO while we are printing, then, of course, we will find a way to comply with that)He said the same would apply to all other aspirants who have been disqualified from the polls.Garcia said he has written a letter to Chief Justice Alexander Gesmundo to inform the Supreme Court of the commission&#x27;s timeline for preparations for the elections, including the printing of ballots.Garcia on Friday convened a meeting with poll body officials to discuss preparations for the 2025 national and local elections and the parliamentary elections in the Bangsamoro Autonomous Region in Muslim Mindanao.“Hindi na pwede patumpik-tumpik. Kinakailangan double time na, kung anuman ang problema pa maayos na, at the same time kung ano yung timelines natin exactly dapat masunod lahat ng &#x27;yan,” Garcia said.  (We cannot dillydally. We have to work double time and address and problems. We have to follow the timelines that we set)Garcia said the poll body is holding a special en banc session on Saturday to resolve other cases ahead of the ballot printing on Monday and it plans to release ballot faces with the names of candidates by Sunday.Mock elections will be held January 15-18.The poll body also plans to expand the list of those eligible to register and vote under local absentee voting, saying health workers as well as government personnel who have work on election day should be included.

Former lawmaker Edgar Erice questioned before the Supreme Court the decision of the Commission on Elections to disqualify him in the congressional race in this year's national and local elections.

Former lawmaker Edgar Erice questioned before the Supreme Court the decision of the Commission on Elections to disqualify him in the congressional race in this year's national and local elections.