A petition will be filed before the Supreme Court today by lawyer Romulo Macalintal to stop the holding of the special election in the fifth district of Negros Occidental on June 2 for being “in violation of the law”.

“It is illegal because it will be held beyond the period as provided by law,” he told the DAILY STAR.

Pending resolution of his petition, Macalintal said he is also asking the court to issue a temporary restraining order to prevent Comelec from disbursing funds in connection with the special elections.

The election for a new congressman of the fifth district of Negros Occidental is being held following the death of Rep. Ignacio Arroyo in London on January 26 after a long battle with cirrhosis of the liver.

Macalintal said that he is filing the petition to stop the election on the grounds that it violates the required period within which to hold the election.

The special election should be held 90 days after a congressional seat becomes vacant, and since Arroyo died on January 26 it should be held on April 25 at the latest and not June 2, which is 128 days later, he said.

He also said it is impractical to hold an election in June for one position and costing the COMELEC P21.6 million to benefit only a few politicians when the regular elections are set in May next year already.

In fact, the filing of Certificates of Candidacy for the May polls next year is already in October this year, which would make the June 2 polls impractical and a waste of money, he said.

“I am filing my petition as a Filipino taxpayer for legal and practical reasons to prevent the waste of public funds,” he said.

The petition will be filed against the COMELEC and the House of Representatives, he said.

House Resolution 2171 adopted as HR 00248 March 12 certifies the existence of a vacancy in the House of Representatives, particularly in the seat allotted to the fifth congressional district of the province of Negros Occidental, and calls for a special election to fill such vacancy.

COMELEC spokesman James Jimenez, on the other hand, said the COMELEC does not agree with Macalintal that the holding of the special election in the fifth district is illegal.

He said the COMELEC, in cases of special elections, has always based the counting of a vacancy from the time the House declares it.

Once the House declares a position among its ranks vacant, the COMELEC, by law, must comply, he also said.

Macalintal’s petition will mean he is questioning the basis for all other special elections we have held, he said.

Binalbagan Mayor Alejandro Mirasol and Board Member Emilio Yulo III are among the contenders for the fifth congressional seat on June 2.

The election period, which includes a gun ban, for the June 2 election in the fifth district began yesterday.

The filing of certificates of candidacy for congressman of the fifth district is set May 14 to 16, and the campaign period is from May 17 to 31.

Ma. Lourdes Arroyo Lesaca, sister of Ignacio Arroyo, who had earlier expressed interest in running for congresswoman had not filed her registration to vote in the fifth district one year before the June 2 election as required.

Macalintal had served as election lawyer of former President Gloria Macapagal-Arroyo, her sister-in-law.

Presidential Spokesman Edwin Lacierda last night said he was not aware of Macalintal’s complaint, but as far as he knows, it is being held to allow the people of the fifth district to be served by having representation in Congress.*CPG

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