Election lawyer Atty. Romulo Macalintal believes that including the names of disqualified candidates with pending appeals in the Supreme Court (SC) is the most practical remedy for the Commission on Elections (COMELEC) to avoid reprinting ballots.
"Sana lahat ng may pending appeal, ‘yung mga nadisqualify na kandidato na may appeal sa Korte Suprema ay isama na ang kanilang mga pangalan sa balota," said Macalintal in an exclusive interview during DZRH's Dos Por Dos.
"Sa aking palagay kokonti na lang naman ‘yan, baka wala nang sampu ‘yan at mga lokal candidates ‘yan," he added.
The suggestion was made following the SC's issuance of Temporary Restraining Orders (TRO) to candidates who were disqualified by the COMELEC. In response, COMELEC suspended the ongoing printing process, which had already produced approximately six million ballots, and initiated the reprinting to comply with the court's directives.
By including the names of candidates with pending appeals in court, Macalintal believes that the reprinting of ballots and the concerns of COMELEC can be avoided, regardless of whether the SC issues a TRO.
"Hindi na masyadong maabala ang COMELEC kapag ito ay tinanggap nilang suggestion at anumang mga TRO ang ma-issue, walang problema," he stressed.
Citing the law, Macalintal noted that if a candidate was disqualified for any reason, they could still be substituted by the political party that nominated them. The substitute must have the same surname as the original candidate.
"Pag ‘yan ay hinintay pa natin ng hinintay, aba e baka nag-imprenta ka sa Wednesday, pagdating ng next week, baka may iba nanamang TRO na i-issue ang Korte Suprema," said the lawyer.
He then suggested to COMELEC to create an inventory of the number of pending appeals in the SC. If the number is minimal and will not significantly affect the process, Macalintal suggests that the candidates can be included in the ballots.
The poll body has encountered the need to reprint ballots for the 2025 elections, marking the first occurrence of such an event in the country's electoral history.
The reprinting process is both time-consuming and costly, but COMELEC has emphasized its commitment to adhering to the SC's orders.
Despite the challenges, the commission assures the public that the reprinting will not lead to any postponement of the scheduled elections.
COMELEC announced that ballot printing for the upcoming elections will resume on Wednesday, January 22.