MANILA, Philippines — The Commission on Elections (Comelec) en banc has upheld the decision of its Second Division to disqualify former Caloocan 2nd District Representative Egay Erice from seeking a congressional seat in the upcoming 2025 national and local elections.

In a decision made public on Friday, the Comelec en banc dismissed Erice’s motion for reconsideration (MR) filed on December 2, affirming the earlier ruling that disqualified him due to his allegations against the poll body and its election systems provider.

Erice had accused Comelec of entering into a questionable joint partnership with South Korean firm Miru Systems Co. Ltd. and its partners, suggesting irregularities in the conduct of elections. The en banc resolution stated that Erice’s claims were “indiscriminate accusations and comments calculated to disrupt the electoral process and confuse voters.”

The 30-page decision noted that Erice’s assertions were not protected speech as he claimed. “To our mind, the Commission (Second Division) correctly ruled in the affirmative,” the resolution stated.

“WHEREFORE, premises considered, the Commission en banc affirms the Commission (Second Division) resolution dated 26 November 2024 insofar as it declared respondent EDGAR R. ERICE as DISQUALIFIED as a candidate for the position of Member, House of Representatives in the 2nd District of Caloocan for the 12 May 2025 National and Local Elections,” the decision further read.

Erice, for his part, acknowledged the difficulty of overturning the ruling but stated that he would exhaust all legal remedies. “I am still filing because that is the process,” he said during an ambush interview after submitting his MR on December 2. “I cannot directly file to the Supreme Court if I am not exhausting all of my remedies.”

The former congressman may elevate the case to the Supreme Court (SC) for review.

Erice had previously sought the SC’s intervention in April to halt the implementation of Comelec’s ₱17.9-billion Automated Election System contract with Miru Systems. He claimed the contract violated Republic Act 7369, or the Automated Election Law, particularly provisions on bidding procedures and the requirement to use prototype machines during elections.

The Comelec has yet to comment on whether Erice’s appeal to the Supreme Court would affect the implementation of the election system contract.

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