The Commission on Elections has reversed its December 14 decision which disqualified Cagayan Governor Manuel Mamba from Eleksyon 2022.
In a decision launched on Monday, the Comelec en banc reversed the Comelec Second Division’s decision which disqualified Mamba over the alleged disbursement of presidency funds from March 25 to May 8, 2022.
The Comelec en banc stated the fee had no jurisdiction to rule on Mamba’s disqualification as a result of the petition was filed after his proclamation.
The fee, nevertheless, referred the allegations towards Mamba to its regulation division for the conduct of a preliminary investigation.
Records confirmed that Mamba was proclaimed governor of Cagayan at 1:39 a.m. on May 11.
The petition for disqualification was filed by Ma. Zarah Rose De Guzman Lara through e-mail at 6:21 p.m. of May 10, which was past workplace hours that ended at 5 p.m.
The Comelec stated the petition was deemed acquired the next working day at 8 a.m. on May 11.
The Comelec en banc stated that whereas Mamba’s proclamation has blocked the submitting of petitions for his disqualification, the legal facet of a disqualification case should still be filed even after a candidate had been proclaimed.
The fee stated this might nonetheless end result within the disqualification of 1 who had violated the regulation not solely in a selected election when the violation was dedicated but in addition for different official posts in future elections.
The Comelec cited the Supreme Court ruling in Lanot vs. Comelec, wherein the High Tribunal held that Comelec Law Department had the authority to find out whether or not there’s possible trigger to file a case for an election offense towards a candidate and file a legal case earlier than the right court docket. —NB, GMA Integrated News
Source: www.gmanetwork.com
