Comelec division dismisses DQ complaint vs BH on technical grounds

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The petitioner may still file a motion for reconsideration, and BH Bagong Henerasyon's proclamation as a winning party-list group may only proceed once the decision is final

MANILA, Philippines – The Commission on Elections (Comelec) 1st Division in a decision on Thursday, May 22, dismissed a disqualification petition against BH Bagong Henerasyon on technical grounds.

It was this petition that prompted the Comelec to suspend BH’s proclamation as a winning party-list group in a formal ceremony with the rest of the winners on Monday, May 19.

The case, filed by a lawyer named Russel Stanley Geronimo, asked the Comelec to declare BH first nominee Robert Gerard Lopez Nazal Jr. and fifth nominee Maria Editha Tan Alcantara disqualified due to their alleged violation of election law rules on intervention of public officers and employees in partisan political activities, and use of public funds in an election campaign.

The division decided to dismiss it because of lapses in the proper process of serving the complaint. The decision reads that while Geronimo allegedly furnished the respondents copies via registered mail, the petitioner did not submit an affidavit explaining why he could not serve the complaints personally.

In the Comelec’s rules for filing petitions, the petitioner must furnish copies through personal service to the respondent. “In case personal service is not feasible, or the respondent refuses to receive the petition or the respondent’s whereabouts cannot be ascertained, the petitioner shall execute an affidavit stating the reasons or circumstances therefore,” the rule reads, based on Comelec Resolution 9366.

Geronimo also failed to attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN), which is also a requirement in filing a case.

Based on these grounds, the division, composed of commissioners Aimee Ferolino, Ernesto Maceda Jr., and Maria Norina Tangaro-Casingal, voted to dismiss it.

In earlier statements, BH said that it had not received a copy of the petition.

“Walang natanggap, nakita, o kahit na narinig man lang ang Bagong Henerasyon ukol sa diumano’y kasong ito. Paano kami mapapanagot sa isang akusasyong hindi pa nga namin alam, walang pangalan, walang pormal na detalye, at walang pagkakakilanlan?” BH said on its Facebook page on Monday.

(Bagong Henerasyon has not received, seen, or heard anything about this alleged case. How can we respond to an accusation which we do not know about, which has no name, no formal details, and no identity?)

Comelec Chairman George Garcia told reporters on Friday, May 23, that their proclamation may proceed, depending on whether the petitioner files a motion for reconsideration.

BH’s proclamation will only happen if the decision is final and executory.

The party-list group was one of two groups whose proclamation was suspended on Monday, the other being Duterte Youth for alleged misrepresentation. The Comelec said then that there were “serious allegations” in the petitions that prompted them to suspend the proclamations.

BH received 319,803 votes in the final tally, capturing 0.76% of the party-list vote. – Rappler.com