Comelec affirms dismissal of DQ case vs. BH party-list

By Ferdinand Patinio, Philippine News Agency

In an eight-page resolution, the Comelec en banc denied the motion for reconsideration filed by lawyer Russell Geronimo assailing the ruling of the Commission’s First Division. (Arianne Lacanilao/PCI Photo)

MANILA – The Commission on Elections (Comelec) on Friday affirmed the dismissal of the petition to disqualify the Bagong Henerasyon (BH) party-list.

In an eight-page resolution, the Comelec en banc denied the motion for reconsideration filed by lawyer Russell Geronimo assailing the ruling of the Commission’s First Division.

“The Assailed Order was neither without sufficient basis found in the records, nor contrary to law. The allegations in the Motion merely reiterate points already considered and passed upon in the Assailed Order, without presenting any new, compelling evidence that would alter the factual or legal conclusions previously reached,” it said.

“In view of the foregoing. We find no cogent reason to depart from the Assailed Order of the Commission (First Division),” the ruling added.

The Comelec First Division earlier dismissed the petition to disqualify the BH party-list after the petitioner failed to comply with the mandatory requirements, which include the non-furnishing of a copy of the petition to the respondent and failure to attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination.

According to the Comelec en banc, the First Division was correct in citing the importance of complying with mandatory requirements set in the rules.

“To grant reconsideration under the present circumstances would be to undermine the integrity of the Commission’s own procedural framework and open the floodgates to negligent, or even worse tactical, non-compliance,” it said.

Meanwhile, Comelec spokeperson John Rex Laudiangco said the party-list group’s proclamation will follow if the latest ruling becomes “final and executory.”

He noted that the petitioner still has the option to elevate the case to the Supreme Court.

“In case the petitioner takes the case to the Supreme Court but fails to secure a temporary restraining order, the en banc decision will become final and executory within five days,” he said.