Comelec en banc denies appeal to disqualify BH party-list | ABS-CBN
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Comelec en banc denies appeal to disqualify BH party-list
MANILA — The Commission on Elections (Comelec) en banc has affirmed the decision of the commission's 1st Division junking the disqualification petition against the Bagong Henerasyon (BH) party-list from running in the 2025 midterm polls.
MANILA — The Commission on Elections (Comelec) en banc has affirmed the decision of the commission's 1st Division junking the disqualification petition against the Bagong Henerasyon (BH) party-list from running in the 2025 midterm polls.
In an eight-page resolution, the commission en banc junked the Motion for Reconsideration (MR) filed by Atty. Russell Geronimo.
In an eight-page resolution, the commission en banc junked the Motion for Reconsideration (MR) filed by Atty. Russell Geronimo.
“The assailed order dismissed the petition for disqualification filed by petitioner seeking the disqualification of Bagong Henerasyon party-list, Bernadette Herrera, Robert Gerard Lopez Nazal Jr., and Maria Editha Tan Alcantara, as candidates under the party-list and nominees thereof for the 2025 National and Local Elections (2025 NLE). The dispositive portion of the assailed order reads: “In view of the foregoing, the Commission (First Division) hereby RESOLVES to DISMISS the instant petition. So ordered,” said the Comelec en banc.
“The assailed order dismissed the petition for disqualification filed by petitioner seeking the disqualification of Bagong Henerasyon party-list, Bernadette Herrera, Robert Gerard Lopez Nazal Jr., and Maria Editha Tan Alcantara, as candidates under the party-list and nominees thereof for the 2025 National and Local Elections (2025 NLE). The dispositive portion of the assailed order reads: “In view of the foregoing, the Commission (First Division) hereby RESOLVES to DISMISS the instant petition. So ordered,” said the Comelec en banc.
The poll body explained that upon its thorough reconsideration of the arguments and records, the commission en banc find that the MR failed to establish either of the recognized grounds for reconsideration.
The poll body explained that upon its thorough reconsideration of the arguments and records, the commission en banc find that the MR failed to establish either of the recognized grounds for reconsideration.
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"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," said the Comelec en banc.
"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," said the Comelec en banc.
"In view of the foregoing. We find no cogent reason to depart from the Assailed Order of the Commission (First Division)," it furthered.
"In view of the foregoing. We find no cogent reason to depart from the Assailed Order of the Commission (First Division)," it furthered.
In its order, the Comelec First Division dismissed the petition to disqualify the BH party-list in the 2025 midterm polls because the petitioner failed to comply with the mandatory requirements.
In its order, the Comelec First Division dismissed the petition to disqualify the BH party-list in the 2025 midterm polls because the petitioner failed to comply with the mandatory requirements.
According to the poll body, the petitioner did not furnish a copy the respondent of his petition through personal service; and also failed to attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN).
According to the poll body, the petitioner did not furnish a copy the respondent of his petition through personal service; and also failed to attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN).
According to Comelec spokesperson Atty. John Rex Laudiangco, in case the petitioner will not be able to secure a temporary restraining order (TRO) from the Supreme Court, the commission en banc decision will be final and executory within 5 days.
According to Comelec spokesperson Atty. John Rex Laudiangco, in case the petitioner will not be able to secure a temporary restraining order (TRO) from the Supreme Court, the commission en banc decision will be final and executory within 5 days.
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“If hindi po makakakuha ng TRO sa SC ang Petitioner-Appellant if ever aakyat man sila on appeal via a Petition for Certiorari, magiging Final and Executory po ang en banc decision within 5 days,” Laudiangco told reporters.
“If hindi po makakakuha ng TRO sa SC ang Petitioner-Appellant if ever aakyat man sila on appeal via a Petition for Certiorari, magiging Final and Executory po ang en banc decision within 5 days,” Laudiangco told reporters.
Laudiangco said the clerk of the commission will then issue a Certificate of Finality.
Laudiangco said the clerk of the commission will then issue a Certificate of Finality.
“After which, the Clerk of the Commission will issue a Certificate of Finality, an Entry of Judgment and Writ of Execution. Then, proclamation may ensue. Kailangan po munang maging final and executory ang decision ng Commission en banc,” according to Laudiangco.
“After which, the Clerk of the Commission will issue a Certificate of Finality, an Entry of Judgment and Writ of Execution. Then, proclamation may ensue. Kailangan po munang maging final and executory ang decision ng Commission en banc,” according to Laudiangco.
BH party-list is entitled to one seat in the 20th Congress after getting 319, 803 votes in the recent polls.
BH party-list is entitled to one seat in the 20th Congress after getting 319, 803 votes in the recent polls.
But the National Board of Canvassers (NBOC) decided to suspend its proclamation pending the decision on its disqualification case.
But the National Board of Canvassers (NBOC) decided to suspend its proclamation pending the decision on its disqualification case.
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