SC allows Aeta leader to run for Zambales gov
The Supreme Court en banc on Tuesday overturned a resolution of the Commission on Elections (Comelec) that denied Aeta leader Chito Balintay’s certificate of candidacy (COC) for Zambales governor in the May 12 elections.
During its full-court session, the high tribunal found that the Comelec committed grave abuse of discretion in barring Balintay from filing his COC. A full copy of the decision has yet to be released.
According to a Supreme Court press briefer, the justices held that the Comelec “should reexamine whether its rules serve the interest of justice and fair play,” emphasizing that elections are “not conducted under laboratory conditions.”
The high court also stressed that the poll body must be prepared to make quick decisions in response to unforeseen circumstances that could “undermine or subvert the will of the voters.”
Balintay filed his COC on the last day of filing, just 25 minutes before the deadline.
However, his application was incomplete—lacking a required fifth copy and documentary stamps. He was advised to complete the requirements, but he returned three minutes past the 5 p.m. deadline.
Under Section 37 of Comelec Resolution No. 11045, incomplete COCs are neither accepted nor stamped “received” even if submitted on time.
“Given these considerations, along with Balintay’s unique circumstances, the SC found that the Comelec’s strict application of its rules was unjustified, warranting the reversal of its decision,” the briefer said.
Balintay served as an ex-officio board member of the Zambales provincial board and was the first provincial officer of the National Commission on Indigenous Peoples. He also represented the country’s indigenous peoples (IPs) in several United Nations conferences in Geneva, Switzerland.
Balintay will challenge reelectionist Gov. Hermogenes Ebdane Jr., who is seeking his third and final term, in the May elections.
The Supreme Court ordered the Comelec to accept Balintay’s COC and include his name in the official ballots for Zambales governor in the 2025 elections.
On Jan. 14, the high tribunal issued a temporary restraining order (TRO) preventing Comelec from enforcing its decision rejecting Balintay’s application.
Feeling democracy
That same day, the Comelec suspended the printing of 73 million ballots after the high court issued TROs blocking the disqualification of Balintay, as well as former Caloocan Rep. Edgar Erice, Subair Guinthum Mustapha, Charles Sevillano and Florendo Ritualo.
Balintay said he was elated over the high court ruling
“I am happy because I felt democracy [worked] through the Supreme Court’s support for me when it was just a temporary restraining order, and it is even more strengthened now,” he told the Inquirer in a phone interview on Wednesday.
He recalled his surprise at the Comelec’s decision, saying he arrived on time to file his COC.
“They only noticed that the documentary stamp was missing, which our mayor must have overlooked. That was all that was missing. It was 4:30 in the afternoon, but I should have been allowed to complete it because I had already registered,” he said.
When he returned, Balintay said Ebdane was already in the Comelec office, and the poll officials were “celebrating.”
“‘Nagbubunyi sila’ (They were cheering), and they told me, ‘Sorry boss, you’re not on time,’” Balintay said.
But he insisted, “I was here, you asked me to return and submit [the complete documents]. Our rights should prevail here.”
Balintay later filed a petition to accept his COC, but the Comelec en banc, in its resolution dated Dec. 13, 2024, upheld the rejection. This prompted Balintay to elevate the case to the high court.
Ebdane and the Zambales Comelec office did not respond to phone calls and text message when sought for comments on Wednesday.
Bataan case
In another election case, the high court also granted the petition of Marie Grace David during its session on Tuesday, reversing the Comelec resolution that rejected her COC for Vice Mayor of Limay, Bataan.
On Dec. 6, 2024, Richie Jason David withdrew his COC for the same position.
Following her nomination as his substitute under the Partido Federal ng Pilipinas, Marie Grace filed her COC and certificate of nomination and acceptance (Cona), along with a petition for substitution and inclusion in the official list of candidates and ballots before Comelec.
However, the poll body denied her substitution, ruling that she failed to file her COC and Cona within the prescribed period under Section 59 of Comelec Resolution No. 11045, which set the deadline for substitutions due to withdrawals on Oct. 8, 2024, the last day for COC filing.
The Supreme Court ruled that the Comelec committed grave abuse of discretion by rejecting Marie Grace’s substitution, finding that she had fully complied with the requirements of Section 77 of the Omnibus Election Code and was therefore a bona fide candidate for vice mayor of Limay.
