Why Comelec Unable to Block Aspirants
COMELEC – The Commission on Elections (Comelec) said they can’t bar candidates from running in May 2025 midterm polls.
Comelec clarified that candidates convicted by the courts cannot be barred from running in the May 2025 midterm elections unless their conviction is final and executory. This was emphasized by Comelec Chairman George Garcia, following the filing of a certificate of candidacy (COC) by Act Teachers party-list Rep. France Castro for the senatorial race.
Castro, along with 12 others, was convicted of child abuse by a court in Tagum City. The charges stemmed from their involvement in rescuing Lumad students six years ago.
Castro disputes her conviction, claiming that the charges are baseless and that she was simply performing her duty as a government official by protecting the children from harassment by a paramilitary group. Despite her conviction, Garcia pointed out that as long as her case is not final, she remains eligible to run.
On the other hand, Garcia noted that former Bamban mayor Alice Guo could be automatically disqualified from seeking reelection. Guo, who was exposed in Senate hearings as a Chinese national named Guo Hua Ping, is facing an ombudsman ruling that disqualifies her from holding public office. Although the ombudsman’s decision is not final, Garcia stressed that it is immediately executory, meaning the Comelec is required to cancel her COC unless a court issues a restraining order.
According to the report, Senator Joel Villanueva also weighed in, saying it would be absurd to allow Guo to run for office again given the circumstances of her disqualification.
In conclusion, while the law permits candidates like Castro to run despite pending convictions, those facing immediately executory rulings, like Guo, may be barred unless legal interventions are made.
“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 added.