ALL laws governing elections have this common element: a candidate is one who has been qualified by the Commission on Elections to run for the position he has filed a certificate of candidacy for. Only until such time as the actual election is held does this status — as a candidate — continue, for the moment he gets voted or rejected by the electorate, he ceases to be a candidate, no longer running but emerges either winner or loser.
The issue surfaces on account of a petition for certiorari filed last Monday afternoon before the Supreme Court by alleged victims of martial law seeking the issuance of a TRO "enjoining the Senate of the Philippines and the House of Representatives from canvassing the votes for Ferdinand Romualdez Marcos Jr. and proclaiming him, should he be adjudged to be the one with the highest number of votes obtained, as president, pending resolution of this petition." As in every case of TRO, the petitioners also asked the Supreme Court to make permanent such TRO, enjoining and restraining Congress from canvassing the votes cast for Marcos for the position of president.
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