The Supreme Court (SC) has directed the Commission on Elections (Comelec) to accept the Certificate of Candidacy (COC) of an applicant who filed three minutes past the deadline.
In its decision, the SC granted the petition of Chito Bulatao Balintay, a member of the Indigenous peoples of Zambales, reversing the Comelec resolution that had rejected his COC for Zambales Governor in the 2025 elections.
Balintay submitted his COC on the last day of filing, 25 minutes before the 5:00 p.m. cutoff. However, his application was incomplete, lacking a required fifth copy and documentary stamps. When advised to complete the missing requirements, he returned with the missing documents three minutes past the deadline.
Under Section 37 of Comelec Resolution No. 11045, incomplete COCs are not accepted or stamped “received,” even if initially submitted on time.
On January 14, 2025, the SC issued a temporary restraining order (TRO) to halt Comelec’s ruling.
The SC determined that Comelec had gravely abused its discretion by not allowing Balintay to file his COC.
The Court also emphasized that Comelec should reconsider whether its rules serve the interests of justice and fairness.
The SC found that the strict application of Comelec’s rules was unjustified, leading to the reversal of its decision.
Balintay previously served as an ex-officio member of the Zambales Provincial Board and was the first provincial officer of the National Commission on Indigenous Peoples (NCIP) in the province.
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