Comelec issues certificate of finality for Yap's proclamation as Benguet rep
This developed after the poll body did not receive within its five-day deadline a motion for reconsideration (MR) on an earlier ruling that dismissed an October 2024 petition filed by petitioner Franklin Tino.
The dismissed petition sought to disqualify Yap from the May 2025 midterm elections on the grounds of material misrepresentation due to questions on his citizenship. Further, no temporary restraining order (TRO) from the Supreme Court (SC) was issued during the five-day reglementary period.
"The records show that the Petitioner failed to file a motion for reconsideration and there being no restraining order issued by the Supreme Court (SC) within five days from receipt of the Resolution that would preclude the aforementioned Resolution of this Commission (Second Division) from being final and executory," the certificate of finality read.
"In view of the foregoing, the resolution of the Commission (Second Division) promulgated on 26 June 2025 is hereby declared immediately executory under the Comelec Rules of Procedure, and Comelec Resolution No. 11046," it added.
Last week, the poll body division lifted the suspension of Yap's proclamation following the dismissal of a disqualification petition against his candidacy.
Tino, in his petition, 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.
For his part, Yap denied the allegations as "false, malicious, and unfounded."
In its ruling which lifted the suspension, the Comelec Second Division said Tino failed to present any document, testimony, or circumstantial evidence that would support his claim against Yap. — VDV, GMA Integrated News
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