Comelec: Erice's House bid disqualification 'final and executory'

The Commission on Elections (Comelec) declared the disqualification of former Caloocan Representative Edgar Erice from running for a House of Representatives seat in the May 2025 midterm elections as final and executory.

The Comelec announced that its December 27, 2024 resolution affirming the Comelec Second Division's ruling against Erice became final after the Supreme Court (SC) did not issue a temporary restraining order (TRO). 

Erice was disqualified for disseminating “false and alarming” information, which the poll body deemed a violation of election laws.

“Therefore, in view of the foregoing, the Resolution of the Commission (En Banc) promulgated on December 27, 2024, is hereby declared final and executory, under the COMELEC Rules of Procedure and COMELEC Resolution No. 11046,” the certificate of finality stated.

Under Section 9 of Comelec Resolution No. 11046 and related provisions in the 1993 Comelec Rules of Procedure, a decision of the Commission en banc becomes final and executory five days after receipt unless restrained by the SC.

A copy of the resolution was issued to Erice on December 27, 2024. The Comelec confirmed that it received no TRO from the SC, paving the way for the enforcement of its ruling.

Meanwhile, Comelec Chairperson George Garcia said Erice’s name would not be included in the official ballot due to the en banc decision.

The printing of the official ballots for the 2025 elections will start on January 6, 2025.

“May declaration na final and executory ‘yung kaniyang decision and judgement. Ibig sabihin as far as the Comelec is concerned, yung may final and executory on Monday ay tanggal ang pangalan sa listahan,” Garcia said.

(The Comelec en banc deemed their decision as final and executory. As far as the Comelec is concerned, aspirants with final and executory decisions on cases will be excluded from the ballot.)

“Hanggat wala kaming nakukuha TRO, we will have to proceed with the printing of ballots,” he said

(As long as there is no TRO, we’ll have to proceed with the printing of ballots.)

Erice, however, has contested the decision, filing a petition for certiorari with a request for a TRO from the SC.

“I really anticipated that they would act against me with extreme prejudice. There is no basis in law to disqualify me, it’s a legal harakiri the same way they are committing harakiri with the Miru deal. I am disrupting the corruption and trying to prevent chaotic elections due to the greed of these Comelec officials,” Erice told GMA News Online.

“I believe that, even if am alone with this crusade, I will be eventually proven right because I am fighting for the truth,” he added.

The Comelec Second Division initially disqualified Erice in November 2024 for violating Section 261 of the Omnibus Election Code, citing his dissemination of “false and alarming” information. 

According to the division, Erice’s actions demonstrated “deliberate intent to disrupt elections” rather than engaging in legitimate criticism. — DVM, GMA Integrated News