Order to proclaim Yap as Benguet representative now final, executory

MANILA, Philippines — The order to proclaim Eric Yap as the winning representative of the lone district of Benguet in the May 12 elections is now final and executory, according to the Commission on Elections (Comelec).

The Comelec Second Division issued certificate of finality and entry of judgment dated July 2 on its June 26 ruling dismissing the petition filed against Yap to cancel his certificate of candidacy (COC) and lifting the order to suspend his proclamation.

The second division, in its resolution dated June 26, also directed the Provincial Board of Canvassers of Bengue to proclaim Yap as the winner.

READ: Comelec lifts suspension of proclamation of Benguet House bet

This came after the Comelec Second Division received no motion for reconsideration from the petition and no restraining order came from the Supreme Court.

“[T]he records show that the Petitioner failed to file a motion for reconsideration and there being no restraining order issued by the Supreme Court within five (5) days from receipt of the Resolution that would preclude the aforementioned Resolution of this Commission (Second Division) from being final and executory,” the certificate of finality read.

“[T]he Supreme Court ruled that the phrase “final and executory” under of the COMELEC Rules should be interpreted to mean immediately executory after five (5) days from promulgation,” it added.

The Commission Second Division also said that the resolution is entered into the Book of Entries of Judgment.

The petition, filed by a certain Franklin Tino, said that Yap allegedly “committed a material misrepresentation when he stated under oath in his COC that he is a natural-born Filipino citizen and that he is eligible to run for the office he seeks to be elected.”

READ: Comelec upholds decision declaring Abante as Manila congressman

However, the second division said that the petitioner did not submit proof that Yap committed material misrepresentation in declaring that he is a natural born Filipino citizen and that he is eligible for the office he seeks to be elected to when he is actually not eligible.

“The lack of substantial evidence also highlights the speculative nature of the Petition. 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 six-page resolution read. /cb