Tolentino can’t replace Cayetano at Senate, says poll lawyer

MANILA, Philippines - Election lawyer Romulo Macalintal echoed yesterday the opinion that former Metro Manila Development Authority chairman Francis Tolentino cannot replace Foreign Affairs Sec. Alan Peter Cayetano in the Senate.

Cayetano vacated his post as senator when he was appointed chief of the Department of Foreign Affairs (DFA) last week.

In a statement, Macalintal explained that the 1987 Constitution and Republic Act 7166 do not provide that the 13th placer in a senatorial poll can fill up a vacancy in the Senate.

He also said that “with due respect to the Commission on Elections (Comelec), it cannot call for special election for Cayetano’s replacement because such special election should be held simultaneously with the next succeeding regular election.”

“The next regular election will be in May 2019 and by that time Cayetano’s supposed term will already expire. It would have been different if Cayetano was elected in 2016 polls where his term will end in 2022,” he noted.
Comelec Commissioner Rowena Guanzon said that although Tolentino was trailing the Magic 12 during the May 9, 2016 elections, he could not fill in the seat that will be left by Cayetano.