DASMARIÑAS City Mayor Jennifer Barzaga filed a certificate of candidacy (COC) on Friday, the last day of filing for the special election in Cavite’s Fourth Legislative District.
Barzaga is seeking to represent the district in the House of Representatives after the expulsion of her son, former congressman Francisco Barzaga.
The special election, scheduled on August 29, will be held to fill the congressional seat vacated following Kiko Barzaga’s removal from the House in June.
The Commission on Elections (Comelec) said Barzaga became the fifth aspirant to formally enter the race.
Comelec Spokesperson John Rex Laudiangco said Barzaga’s candidacy is allowed because there is no existing disqualification against incumbent elective officials seeking another elected post.
‘Yes, it is legal because, as you will notice, there is no disqualification simply because a person is already holding an elected position. This involves an elective office, not an appointive one,’ Laudiangco said.
He added that Barzaga’s current term as mayor has a fixed duration, allowing her to remain in office while running for another elective position.
‘So even if she files her certificate of candidacy, there will be no problem,’ he said.
Section 14 of Republic Act 9006, or the Fair Election Act, repealed Section 67 of the Omnibus Election Code, removing the rule that previously deemed incumbent elective officials resigned upon filing certificates of candidacy for another elective office.
Laudiangco said Barzaga will vacate the mayoral post only if she wins the special election and assumes office as representative.
‘If she wins and assumes the new position she was elected to, then she will definitely have to vacate the position she currently holds,’ he said.
He added that the vacancy would be filled through succession under Section 44 of the Local Government Code, with the vice mayor automatically assuming the mayoralty in case of a permanent vacancy.
Meanwhile, when asked if the poll body discourages those who are already in politics to still file for another position, Comelec Chairman George Erwin M. Garcia said they just follow the law.
‘We cannot do that. So long as it is allowed by law then we cannot stop [incumbents from running],’ Garcia told the BusinessMirror.
Aside from Barzaga, the other candidates who filed their certificates of candidacy are Raul Rex del Rosario Mangubat, Marvin Opamin Dupal-ag, Leysander Aguilar Ordenes and Jacinto Bautista Jr. Frani.
Comelec closed the filing period at 5 p.m. on Friday and confirmed that no extension would be granted.
‘After the 5:00 p.m. deadline today, July 17, we received five certificates of candidacy. Those are the only candidates whose COCs have been officially accepted for this special election,’ Laudiangco said.