THE Commission on Elections (Comelec) on Friday, June 27, 2025, ordered the proclamation of Benguet Representative Eric Yap after dismissing the petition to deny due course to his certificate of candidacy (COC) when he ran for re-election in the May 12 polls.
In a six-page ruling, the Comelec Second Division dismissed the petition filed by Franklin Tino, and subsequently lifted the suspension of proclamation imposed against Yap.
"Wherefore, premises considered, the Commission (Second Division) resolved, as it hereby resolves to dismiss the Petition. Accordingly, the Certificate of Candidacy of Respondent Eric G. Yap for the position of Member, House of Representatives in the Lone District of Benguet for the May 12, 2025 National and Local Elections is hereby given due course," said the Comelec Second Division.
"Consequently, the suspension of the proclamation of Respondent Eric G. Yap is hereby lifted. The Provincial Board of Canvassers of Benguet is hereby directed to reconvene and proclaim Respondent Eric G. Yap as the duly elected Member of the House of Representatives for the Lone District of Benguet," it added.
The poll body said the petition must be dismissed, owing to its being "inherently deficient and lacks merit."
"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," said the decision.
"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 added.
The Second Division chided the petitioner for making bare allegations without presenting any proof of his contentions.
"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," it said.
"Justice is not served by speculation but by evidence, and in the absence of the latter, the Petition must inevitably fail," the Comelec said.
Tino had alleged that he found that Yap's parents are not Filipino citizens and lived most of his life in China.
He also claimed that Yap falsified his birth certificate and Philippine passport to make it appear that he was a Filipino citizen when he was actually not.
In an interview, Comelec Chairman George Garcia explained that the petitioner may still file a motion for reconsideration (MR) before the Commission en banc.
This means that the decision of the Comelec Second Division is not yet final and executory.
"In the event that the petitioner files an MR, it may prevent the implementation of the decision of the Second Division," said Garcia. (Anton Banal/SunStar Philippines)