House needs to declare vacancy after Datol’s passing: Comelec

FILE: ALL SET. The Commission on Elections is all set for the May 13 elections, its spokesperson, Director James Jimenez (left), says during the Broadcasters’ Forum held at Roland’s Farm to Table Restaurant along Visayas Ave., Quezon City on Wednesday (April 24, 2019). Jimenez also explained the issue of disenfranchised overseas absentee voters in the Middle East. With him is National Press Club of the Philippines (NPC) president, Rolly “Lakay” Gonzalo. (PNA photo by Ben Briones)

MANILA – An official of the Commission on Elections (Comelec) said the House of Representatives has to declare as vacant the position of Senior Citizens party-list Rep. Francisco “Jun” Datol Jr., who died on Monday.

According to Comelec spokesperson James Jimenez, the Lower House has to announce that the seat is vacant and inform the poll body about the vacancy.

“There should be a declaration from the Speaker of the House about the vacancy and will tell the Comelec who is the (next) nominee,” he said in an interview. “The best scenario is for the House Speaker actually declares a vacancy and then formally inform the Comelec of the vacancy,” Jimenez added.

The poll body official said the issue on the next nominee will be resolved by acting on the pending withdrawal of the nominees of the group.

“The question on who is the nominee will be resolved by a ruling on the pending withdrawal case. But right now, unless the Comelec moto proprio acts on the pending motion but they (Comelec en banc) are not here,” he said.

“The problem is there is a pending withdrawal…It is pending and hasn’t been resolved. Which means, Rep. Datol has died, as far as the Comelec is concerned there is no clear successor because of the pending withdrawal,” he added.

Last December, Datol was officially sworn in as member of the 18th Congress only after the poll body ruled on the election dispute involving two other former representatives of the Senior Citizens.

He was serving his second term as first nominee of the party-list group.