MANILA, Philippines — The Commission on Elections (Comelec) gravely abused its discretion when it dismissed a disqualification petition filed in 2022 against then gubernatorial candidate and now Cagayan Gov. Manuel Mamba, according to the Supreme Court (SC).
In a full court decision promulgated on April 16, the SC said the Comelec erred when it dismissed the petition against Mamba, allegedly due to late filing.
As this developed, the Comelec said it could not yet comment on the SC ruling.
”We have yet to read the decision. The petition was dismissed due to technicality by the Comelec en banc,” Comelec Chairman George Garcia said.
“Maybe the SC wants a decision based on merits, that’s why it was returned to us. It’s important to know the basis of the decision,” he said.
Mamba’s opponent in the May 2022 local elections, Zarah Rose de Guzman-Lara, filed the petition through e-mail, claiming alleged massive vote-buying and unlawful disbursement of public funds. The petition was filed on May 10, 2022 at 6:21 p.m.
Mamba, who garnered the highest number of votes, was proclaimed governor at 1:39 a.m. the following day.
While the Comelec’s Second Division disqualified Mamba after finding substantial proof that the governor violated the Omnibus Election Code, the en banc reversed the decision.
The Comelec en banc ruled that the petition was deemed filed on the next working day, or at 8 a.m. of May 11, 2022.
Since Mamba was proclaimed governor at 1:39 a.m. of the same day the petition was deemed filed, the Comelec said it had no authority to hear and decide disqualification cases at the time.
The Comelec cited Section 5 of its Resolution 10673, or the guidelines on the electronic filing of pleadings.
But the SC said the petition for disqualification against Mamba was filed on time.
Citing Section 3, Rule 25 of the Comelec Rules of Procedure, the high tribunal said disqualification petitions should be filed any day after the last day of the filing of certificates of candidacy, but not later than the date of proclamation.
The SC said that petitions for disqualification against Mamba could still be filed within the day of his proclamation, which was on May 11, 2022.