SC orders Comelec to proclaim Nograles as duly-elected South Cotabato representative

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The Supreme Court (SC) has ordered the proclamation of former vice mayor Shirlyn L. Banas Nograles of General Santos City as the duly elected member of the House of Representatives for the first legislative district of South Cotabato.

In a resolution promulgated last September 10, but released to the public only late last week, the SC nullified an order of the Commission on Elections which suspended the election for the first legislative district of South Cotabato last May 13.

Nograles, joined by several city and barangay officials and residents, elevated the issue before the SC and pleaded that the Comelec resolution be nullified. They also asked the SC to compel the Comelec to proclaim Nograles as the winner.“The elections for the First Legislative District of the Province of South Cotabato scheduled on May 13, 2019 should not have been suspended, and the candidate obtaining the most number of votes for the said position must be proclaimed.

“COMELEC is hereby DIRECTED to CONVENE a Special Provincial Board of Canvassers to PROCLAIM petitioner Shirlyn L. Banas-Nograles, the winning candidate, as Representative of the First Legislative District of South Cotabato, including General Santos City. SO ORDERED.” The law also directed the incumbent representatives of first and second legislative districts of South Cotabato to continue representing their respective districts “until new representatives shall have been elected and qualified.”

The Comelec ruled that since the configuration can no longer be revised for the May 13, 2019 elections without jeopardizing the preparation for the election of other positions, the election for representative for the first legislative district should be suspended.

 

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