Comelec: Disqualification cases double post-elections, 1,000 pending

MANILA, Philippines — The Commission on Elections revealed it still has roughly 1,000 disqualification cases pending, citing a twofold increase in petitions filed post-election.

Comelec Chair George Garcia said on Wednesday, May 21, that the number of disqualification cases filed has doubled since the elections. 

“Before the election, especially when we announced that we are willing to suspend proclamation, we have more or less, I think, 1,000 disqualification cases already,” he told ANC Headstart. 

Garcia attributed the rise in disqualification cases to the growing number of reports on vote buying and the misuse of state resources leading up to the elections.

Even with the sharp rise in disqualification cases, the Comelec still maintains a strong case resolution rate, according to the poll chief. Garcia said they have already resolved 3,000 cases.

“When I entered into the picture in the commission, we had more or less 9,000 cases. We were able to reduce that to more or less almost 200 cases already,” the Comelefc chair said. 

“In fact, the commission en banc has a 92% disposal rate,” he added. 

The disposal rate is an efficiency metric that measures how effectively an institution resolves cases compared to the number of cases filed.

Despite maintaining a high disposal rate, the Comelec said that its Commission Division handles more cases, as these require trials, proceedings and hearings.

But with recent cases, he explained that the poll body would resolve the cases “based on available records,” removing the need for pleadings or additional document submissions.

“As far as the en banc is concerned, whatever the decision has decided, we’ll just have to review whether the division is really right or wrong,” Garcia added.

What's within Comelec's jurisdiction?

For national candidates, he assured that disqualification cases will be resolved before June 30, when winning candidates are sworn in and begin their terms.

In contrast, Garcia said disqualification cases against local candidates are typically resolved even after they assume office.

He said this is because the Comelec’s jurisdiction over national candidates ends on June 30, while it retains jurisdiction over local candidates beyond that date.

“We will retain jurisdiction and we can still remove them,” Garcia said about local candidates. 

According to the 1987 Constitution, the House of Representatives Electoral Tribunal assumes exclusive authority over all election-related contests involving congressional representatives by June 30, at which point the Comelec loses jurisdiction.

It also states that the Comelec has exclusive jurisdiction over contests relating to the elections, returns and qualifications of all elected regional, provincial and city officials. The poll body’s decisions and final rulings on these matters are conclusive and not subject to appeal.

Currently, two winning party-list groups are facing disqualification cases: Duterte Youth, which stands to secure three seats if not disqualified, and Bagong Henerasyon, which would secure one.

The Comelec suspended their proclamations on May 19 and committed to resolving their cases before June 30. 

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