THE Commission on Elections (Comelec) upheld the dismissal of a petition to disqualify the Bagong Henerasyon (BH) Party-list.
This decision brings the party-list closer to proclamation by the National Board of Canvassers (NBOC).
In its eight-page Resolution, the Comelec en banc junked the Motion for Reconsideration filed by Atty Russell Geronimo saying the initial decision of the Commission's First Division presented sufficient basis and is in accordance with the law.
"The Assailed Order was neither without sufficient basis found in the records, nor contrary to law. The allegations in the Motion merely reiterate points already considered and passed upon in the Assailed Order, without presenting any new, compelling evidence that would alter the factual or legal conclusions previously reached," the Comelec en banc said.
"In view of the foregoing. We find no cogent reason to depart from the Assailed Order of the Commission (First Division)," it added.
In its Order, the Comelec First Division dismissed the petition to disqualify the BH party-list in the May 12 polls citing the failure of the petitioner to comply with the mandatory requirements.
These include his failure to furnish a copy of the petition to the respondent through personal service; as well as failing to attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN).
In its decision, the Comelec en banc said the First Division was correct in insisting on the importance of complying with mandatory requirements set in the Rules.
"To grant reconsideration under the present circumstances would be to undermine the integrity of the Commission's own procedural framework and open the floodgates to negligent, or even worse tactical, non-compliance," said the poll body.
With this ruling, the BH party-list may soon be proclaimed by the NBOC.
The party-list won one seat with 319,803 votes. The NBOC suspended its proclamation due to the disqualification case.
Comelec Spokesman John Rex Laudiangco said proclamation is possible once the en banc ruling becomes "final and executory."
"Proclamation may ensue. But the decision of the Commission en banc will need to be final and executory first," Laudiangco said.
He noted that the petitioner could still bring the case to the Supreme Court.
"In case the petitioner takes the case to the Supreme Court but fails to secure a temporary restraining order, the en banc decision will become final and executory within five days," Laudiangco explained. (Anton Banal/SunStar Philippines)