Comelec lifts suspension on Eric Yap's proclamation as Benguet rep
Metro Manila, Philippines - The Commission on Elections Second Division has dismissed the disqualification case that stood in the way of proclaiming Benguet Rep. Eric Yap’s reelection.
In a resolution dated Thursday, June 26, the division junked the petition seeking to cancel Yap’s certificate of candidacy over allegations that he misrepresented himself as a natural-born Filipino citizen.
“The petition is dismissed for lack of merit,” the six-page decision read. It was signed by Presiding Commissioner Rey Bulay and Commissioners Nelson Celis and Noli Pipo.
The division also lifted the suspension of Yap’s proclamation as the duly elected representative of Benguet’s lone district.
Comelec said petitioner Franklin Tino failed to present any evidence to support his claim that Yap committed material misrepresentation in his COC.
“Not a single piece of documentary, testimonial, or circumstantial evidence has been adduced to support his claims against the respondent. This glaring omission not only renders the petition fatally defective, but also betrays a troubling lack of diligence and candor in invoking the processes of this honorable commission,” the resolution stated.
The poll body emphasized that courts and tribunals should not be used for "fishing expeditions" and said it would not entertain petitions based on “unproven claims.”
In a chance interview with reporters, Comelec Chairman George Garcia noted that the petitioner still has five days to file a motion for reconsideration, which will be resolved by the Commission en banc.