Comelec dismisses petition to disqualify BH party-list

Comelec headquarters in Intramuros, Manila. —  INQUIRER FILES

MANILA, Philippines — The Commission on Elections (Comelec) has dismissed a petition for disqualification against the Bagong Henerasyon Party-List, also known as BH Party List.

In a document released on Friday, the Comelec 1st Division presided over by Commissioner Aimee Ferolino said upon scrutiny of the submitted petition and its attachments, it appears that the petitioner allegedly furnished the respondents their respective copies of the petition via registered mail.

“Nonetheless, petitioner did not submit an affidavit stating the reasons or circumstances as to why personal service was not feasible or that respondents refused to receive the petition or that respondents’ whereabouts cannot be ascertained, as required by Section 5 (5), Rule 5 of the Comelec Resolution No. 9366,” the document states.

Comelec Resolution No. 9366 specifically states that the petitioner shall, before the filing of the petition, furnish a copy of the petition through personal service to the respondent.

In case personal service is not feasible, or the respondent refuses to receive the petition or the respondent’s whereabouts cannot be ascertained, the petitioner shall execute an affidavit stating the reasons or circumstances.

“In addition, the petitioner also failed to attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN), which would have been vital in order to properly verify the necessary information alleged in the petition such as the name of the party, organization or coalition, names and respective addresses of the nominees and other information,” the document further adds.

Comelec said the CON-CAN must be submitted in order for the petition to be considered sufficient in form.

With this, Comelec dismissed the instant petition filed against BH party-list.

On Monday, the Comelec, sitting as the National Board of Canvassers, suspended the proclamation of Duterte Youth and BH party-lists over pending cases.

READ: Comelec suspends proclamation of Duterte Youth, BH party-lists

The proclamation of BH party-list remains pending. /das