Comelec lifts proclamation suspension of Benguet solon
The Commission on Elections (Comelec) Second Division lifted the suspension of the proclamation of Benguet lone district representative-elect Eric Yap following the dismissal of a disqualification petition against his candidacy for Eleksyon 2025.
In an eight-page ruling, the poll body junked an October 2024 petition filed by petitioner Franklin Tino, seeking to disqualify Yap from the May 2025 midterm elections on the grounds of material misrepresentation due to questions on his citizenship.
Tino alleged that Yap committed material misrepresentation when he filed his certificate of candidacy (COC) for Benguet representative when he is not a natural-born Filipino citizen. He also accused Yap of falsifying his birth certificate and Philippine passport.
Yap, in his verified answer, denied the allegations as 'false, malicious, and unfounded'.
'In this case, the Petitioner has utterly failed to discharge this burden. Not a single piece of documentary, testimonial, or circumstantial evidence has been adduced to support his claims against the Respondent,' the poll body said.
'This glaring omission not only renders the Petition fatally defective, but also betrays a troubling lack of diligence and candor in invoking the processes of this Honorable Commission,' it said.
The Comelec Second Division also added that 'courts and tribunals are not venues for fishing expeditions or trial by innuendo. To entertain a petition built on unproven claims is to erode the very foundations of justice. Justice is not served by speculation but by evidence, and in the absence of the latter, the Petition must inevitably fail.'
Meanwhile, the Benguet Provincial Board of Canvassers (PBOC) were also instructed to reconvene and proceed with the proclamation of Yap.
Motion for Reconsideration
Poll chief George Erwin Garcia, for his part, reiterated that the ruling is not yet final and executory as the petitioner still has five days to question the decision.
'May karapatan ang peititoner na mag-file ng motion for reconsideration. Titingnan natin within the period of five days kung mag-MR. Kaya ang PBOC ng Benguet ay maaari pang hindi mag-convene para iproklama siya kasi hihintayin pa ang certificate of finality and entry of judgment sapagkat kung saka-sakali na ang petitioner ay mag-file ng MR, maaaring mahinto ang pagpapatupad ng decision,' Garcia told reporters.
(The petitioner can file for an MR. We'll see if he will do that within five days. The PBOC may still not reconvene to proclaim [Yap] because we will have to wait for the certificate of finality and entry of judgment. If the petitioner files an MR, the decision may be stopped and not be implemented.) — BAP, GMA Integrated News
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