SC: DQ ruling vs Arcilla stays

CEBU, Philippines — The Supreme Court has dismissed the petition filed by Cebu City North District Councilor Alvin Arcilla seeking to stop the implementation of his disqualification in the May 2019 elections.

The SC en banc issued a resolution dated July 2, 2019 dismissing the petition for failure to sufficiently show that the Commission on Elections committed any grave abuse of discretion in rendering the challenged resolutions which, on the contrary, appear to be in accord with the facts and applicable law and jurisprudence.

“Accordingly, the prayer for the issuance of a temporary restraining order and a writ of preliminary injunction is denied,” the notice read.

The notice was signed by Clerk of Court Edgar Aricheta and was received by the city government on September 11. Meanwhile, The FREEMAN tried to reach Arcilla’s camp but to no avail.

To recall, Arcilla through his legal counsel filed the petition before SC asking the high tribunal to reverse the decision of the Comelec en banc.

In May 28, the en banc affirmed the decision of the Comelec First Division disqualifying Arcilla from running for a fresh term in the last midterm elections. The poll body cited Section 8, Article X of the 1987 Constitution and Section 43 (b) of Republic Act No. 7160 or Local Government Code of 1991 which provides that elective officials shall observe three-term limit rule.

In Arcilla’s petition, he contended that he is still qualified to run for councilor in the north district since his service was interrupted from May 17, 2016 to June 30, 2016.

Arcilla was among the officials suspended by the Office of the President in 2016 over the controversial release of calamity assistance to City Hall officials and employees in 2013 even if they were not directly affected by super typhoon Yolanda and the Bohol earthquake that year.

In October 2018, Allen Canoy, a resident of Barangay Apas, filed a disqualification against Arcilla claiming that the latter is ineligible to run since he completed the three terms already-- 2010-2013, 2013-2016, and 2016-2019. — FPL (FREEMAN)