Comelec junks DW charge vs BH party-list

MANILA – The Commission on Elections’ (Comelec) First Division has dismissed a petition for disqualification that was filed against the Bagong Henerasyon party-list and its nominees.

In a three-page order issued on Friday, the Comelec First Division stated that petitioner Russel Stanley Geronimo did not serve a copy of the petition to the respondents through personal service.

It noted that the petitioner provided the respondents with copies of the petition via registered mail but failed to submit an affidavit explaining why personal service was not possible.

In addition to the party-list, the respondents included Rep. Bernadette Herrera, Robert Gerard Lopez Nazal Jr., and Maria Editha Tan Alcantara.

The Comelec division further indicated that Geronimo also failed to attach a copy of the Certificate of Nomination – Certificate of Acceptance of Nomination (CON-CAN), which “must be submitted for this petition to be deemed sufficient in form.”

“Settled is the rule that failure to comply with a mandatory requirement warrants the dismissal of the petition. In view of the foregoing, the Commission (First Division) hereby resolves to dismiss the instant petition,” it said.

Meanwhile, Comelec Chairman George Erwin Garcia said that the dismissal of the disqualification petition does not mean that they can already proclaim the winning candidate for BH party-list.

“Mapro-proclaim lang namin (ang representative nila) once the decision is final and executory,” Garcia said in an interview with DZBB AM radio.

On Monday, Comelec, sitting as the National Board of Canvassers, postponed the proclamation of BH party-list and Duterte Youth due to pending petitions filed against them./PN

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