Comelec junks suit vs BH party list
The Commission on Elections (Comelec) first division has dismissed the disqualification case filed against winning party list group Bagong Henerasyon (BH) because the petitioner did not provide documents required for the suit.
In a three-page decision dated May 22, the division ruled that the petitioner, lawyer Russel Stanley Geronimo, failed to provide an affidavit proving that the hard copy of the lawsuit was sent to BH by mail.
The petitioner also failed to attach a copy of the certificate of nomination and certificate of acceptance in order for the petition to be considered sufficient in form.
The decision was signed by Presiding Commissioner Aimee Ferolino and Commissioners Ernesto Ferdinand Maceda Jr. and Marina Norina Tangaro-Casingal.
The ruling no longer delved on the merits of the case.
In an interview with reporters, Comelec Chair George Erwin Garcia, who has inhibited himself from the case, said the disqualification had something to do with alleged abuse of state resources stemming from the posting of a campaign tarpaulin in a barangay hall where the barangay chair is a BH nominee.
The case was the cause of the delay in the proclamation of BH, which was allotted one seat in the House.
Garcia said the division ruling would become final and executory within five days. The proclamation may be delayed further since the petitioner could refile the case, file a motion for reconsideration before the Comelec en banc, or consider other legal remedies.
Meanwhile, the Comelec second division also dismissed the disqualification case against senator-elect Erwin Tulfo due to procedural defects but was refiled later by the petitioner led by ex-lawyer Berteni Causing.
The division, citing Supreme Court doctrine, said Tulfo’s conviction for libel, for which he and others were punished with a fine but not sent to jail, was deemed served in February 2011. Tuflo paid P1 million in damages and P6,000 per count of libel.
Libel is classified as a crime of moral turpitude, which bars a person from holding any public office. The division said the prohibition against Tulfo’s candidacy also lapsed when the sentence was deemed served.
With regard to issues of foreign citizenship, violation of the political dynasty provision and lack of academic qualifications, the division said these were the proper subject of a petition to deny due course to or cancel a certificate of canvass, in which eligibility qualifications may be raised.
The division noted that the three issues do not fall within the exclusive grounds for the disqualification of a candidate under the Omnibus Election Code.
For raising issues not falling under the process of a disqualification case, “this defect also warrants the dismissal of the instant petition.”
