The Commission on Elections (Comelec) on Tuesday asked the Supreme Court (SC) for a five-day extension to comment on the petitions of Sen. Grace Poe regarding the disqualification cases against her.
The Comelec cited the refusal of the Office of the Solicitor General (OSG) to represent it in the case before the high court.
The OSG informed the SC and the Comelec that it cannot represent conflicting views as it already represents the Senate Electoral Tribunal in the case filed by Rizalito David.
“The Office of the Solicitor General on 4 January 2016, sent a manifestation stating that, in view of its comment in David vs. Senate Electoral Tribunal (SET) et al., it cannot file the required comment on behalf of the Commission on Elections,” the Comelec said.
The OSG defended the SET’s ruling to affirm the natural-born Filipino status of Poe and asked the high court to junk the petition of David to reverse the decision.
The First and Second Divisions of the Comelec have disqualified Poe from the presidential race, citing citizenship and residency issues.
On December 29, 2015, the Comelec received its copy of the revised temporary restraining order against Poe’s disqualification.
The high court required the Comelec to submit a comment on the petition within a non-extendable period of ten days from notice.
Meanwhile, SC Associate Justices Antonio Carpio, Teresita Leonardo-De Castro and Arturo Brion decided not to take part in the review of Poe’s case, citing prior participation in the SET.