Metro Manila (CNN Philippines, March 7) — Cagayan Governor Manuel Mamba will keep his seat as the Commission on Elections (Comelec) has reversed its previous ruling that disqualified him from the 2022 gubernatorial race.
In a decision dated March 6, the Comelec en banc ruled that the disqualification petition filed against Mamba can no longer be heard since it was belatedly filed and therefore no longer falls under its jurisdiction.
According to records, Mamba was proclaimed governor at 1:39 a.m. on May 11, 2022 while the petition, filed by opponent Ma. Zarah Rose De Guzman Lara, was sent via email at 6:21 p.m. on May 10, 2022, which was beyond office hours. The poll body said the petition was only deemed received on May 11, 2022 at 8:00 a.m.
“The commission has no authority or jurisdiction to hear and resolve the petition as the same was filed after the respondent’s proclamation,” the Comelec’s new ruling read.
“The commission cannot stress enough that the belated filing of the subject petition is not merely a procedural lapse. It is a jurisdictional infirmity that goes into the authority of the commission to resolve the issues surrounding respondent’s disqualification,” it added.
The Comelec’s 2nd Division earlier ruled that Mamba violated the 45-day ban on the release of public funds during the campaign period.
The Comelec en banc said the allegations against Mamba were referred to its law department for preliminary investigation. It also said Mamba could still be disqualified for violating the law as the criminal aspect of a disqualification case may still be filed even after a candidate’s proclamation.
