Comelec division junks petition vs. Bagong Henerasyon party list

By Ferdinand Patinio, Philippine News Agency

BH party list won a seat in the House of Representatives following the May 12 elections, but the Comelec suspended its proclamation due to the pending petition. (Arianne Lacanilao/PCI Photo)

MANILA – The Commission on Elections (Comelec) First Division has dismissed the petition to disqualify two nominees of Bagong Henerasyon (BH) party list due to a technicality.

In a three-page promulgation on Thursday, the division said it found that the petitioner, lawyer Russel Stanley Geronimo, failed to submit pertinent documents to support his petition against First Nominee Robert Gerard Lopez Nazal Jr. and Fifth Nominee Maria Editha Tan Alcantara.

“In view of the foregoing, the Commission (First Division) hereby resolves to dismiss the instant Petition,” the First Division said in its decision.

Among the important documents the petitioner failed to submit was a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN), “which would have been vital in order to properly verify the necessary information alleged in the Petition such as the name of the party, organization or coalition, names and respective addresses of the nominees and other information thereto included pursuant to Comelec Resolution No. 11045,” the ruling said.

“The aforementioned CON-CAN must be submitted in order for the petition to be considered sufficient in form,” it added.

In an interview, Comelec Chairperson George Garcia said the First Division did not require the respondents to answer the petition since the case is “really dismissible.”

“Why would you still have [BH Party-list] answer if there is only a technicality, if the case is really dismissible? There was no payment of the filing fee, no verification, no copy furnishing to the respondent. Things like that do not give the Commission jurisdiction,” he said.

The petitioner has five days to appeal the decision or it becomes final and executory.

“Five days after he received the decision, the Comelec’s decision will become final and executory. And therefore, the National Board of Canvassers will order the proclamation of the said party list, including the nominee who won,” Garcia said.

BH party list won a seat in the House of Representatives following the May 12 elections, but the Comelec suspended its proclamation due to the pending petition.