CAGAYAN Gov. Manuel N. Mamba can heave a brief sigh of relief after the Commission on Elections (Comelec) reversed his earlier disqualification in the May 2022 gubernatorial race citing lack of jurisdiction.
In an 18-page decision, the Comelec en banc overturned the decision of its Second Division disqualifying Mamba for having violated the ban on spending of public funds during the last electoral exercise.
“It follows from the foregoing discussion that the subject petition must be dismissed outright for being filed out of time and for being the wrong remedy for having been filed after respondent’s proclamation,” said the Comelec.
“We resolve to dismiss the subject petition for lack of jurisdiction,” it added.
The poll body said the petition filed by Ma Zarah Rose de Guzman Lara has to be dismissed as it was filed after Mamba was already proclaimed as the duly elected governor of Cagayan.
Under Comelec rules, petitions for disqualification of candidates may be filed any day “after the last day for filing of certificates of candidacy, but not later than the date of proclamation.”
“The petition, filed on 10 May 2022, at 18:21:41 GMT+8, is considered as filed at 8:00 A.M. of the next working day, i.e., 11 May 2022, 8:00 A.M., which is after the proclamation of respondent. The Certificate of Canvass of Votes and Proclamation shows that respondent was proclaimed by the Provincial Board of Canvassers on 11 May 2022 at 1:39:54 A.M.,” said the Commission.
“This proclamation effectively divested the Commission of any authority to hear and decide disqualification cases filed after the same. Thus, the Commission has no jurisdiction to take cognizance of the subject petition as it was filed after respondent’s proclamation,” added the Comelec.
