Comelec rejects substitution for Señeres

The Commission on Elections has junked a motion to appoint a substitute for the presidential bid of the late OFW Family Club party-list Rep. Roy Señeres, Comelec Chairman Andres Bautista said yesterday.

“We denied the substitution because of different last name. If they wish to question our action, they are free to go to the Supreme Court,” Bautista told reporters.

Señeres announced on Feb. 5 his withdrawal as standardbearer of Partido ng Manggagawa at Magsasaka - Workers and Peasants Party ( PMM- WPP) for the May 9 presidential race, citing his poor health. He died of a heart attack three days later.

His family had filed a manifestation that it was one of Señeres last wishes to have his name removed from the ballots, but the PMM- WPP submitted a motion appointing lawyer Apolonia ComiaSoguilon as a substitute.

According to Bautista, some family members informed him that they have yet to decide whether or not Señeres will be replaced on the ballots.

Because of this, the Comelec decided to include Señeres’ name on the official ballots since the Omnibus Election Code provides that in case of death, a candidate can be substituted up to mid-day of election day.

The substitute, however, must have the same surname as the one being replaced.

Melchor Chavez, PMMWPP president, insisted though that there is nothing in election laws that mandates the same-surname policy.

“It’s only a resolution of the Comelec. You cannot find that provision in the poll automation law or the Omnibus Election Code,” Chavez said.

He also assailed Comelec for not deciding immediately on their motion nominating Soguilon. “If they acted on our motion earlier, we would have gone to the Supreme Court to seek a (temporary restraining order) to stop the ballot printing,” he said.