Comelec division OKs proclamation of Eric Yap as Benguet representative

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Comelec division OKs proclamation of Eric Yap as Benguet representative

Job Manahan,

ABS-CBN News

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Eric Yap, file photo

MANILA — The Commission on Elections 2nd Division has approved the proclamation of Eric Yap as the representative of Benguet's lone district after finding that a petition against him over questions on citizenship was not supported by evidence.

The division also dismissed the petition by Franklin Tino seeking to cancel Yap's certificate of candidacy (COC) for allegedly not having Filipino parents and for supposedly having lived most of his life in China.

Tino had also accused Yap of falsifying his birth certificate and Philippine passport.

The case of dismissed mayor Alice Guo — accused of being a Chinese national with fake papers — has raised concerns of foreigners seeking elective posts.

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But the Comelec division said Tino failed to provide evidence of his claims, which "significantly weakens" the petition.

"Without any evidence to substantiate his claims, the Petitioner's case is inherently deficient and lacks merit," it added.

The 2nd Division said lack of evidence made Tino's petition a speculative one that is not based on facts.

"Allegations of bad faith or deliberate intent to mislead the electorate must be supported by clear, convincing, and credible evidence, which the Petitioner has miserably failed to provide," the division said.

The decision was signed by Commissioners Rey Bulay, Nelson Celis, and Noli Pipo.

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