Dismissal of COC cancellation case vs. NegOr guv not final

By Mary Judaline Partlow

March 14, 2022, 6:33 pm

<p>Comelec provincial election supervisor-designate of Negros Oriental, lawyer Lionel Marco Castillano. <em>(PNA photo by Judy Flores Partlow)</em></p>

Comelec provincial election supervisor-designate of Negros Oriental, lawyer Lionel Marco Castillano. (PNA photo by Judy Flores Partlow)

DUMAGUETE CITY – The Commission on Elections (Comelec) in Negros Oriental on Monday said the poll body’s dismissal of a petition for the cancellation of the certificate of candidacy (COC) of Gov. Roel Degamo, who is seeking reelection on May 9, is not yet final and executory.

Lawyer Lionel Marco Castillano, Comelec-Negros Oriental’s provincial election supervisor-designate, told the Philippine News Agency that the petitioners are given five days upon date of receipt of a copy of the decision to file a motion for reconsideration with the Comelec en banc.

If no motion for reconsideration has been filed, then the dismissal will become final and executory as "the Comelec will issue a writ of finality,” he said.

Castillano said provided such explanation following the governor’s receipt last week of a copy of the decision from the Comelec’s Former First Division, which was promulgated last March 8, dismissing the petition of Kynie Delantes Balasabas, Miguel K. Sumalpong, and Michael N. Enriquez, for the denial and cancellation of Degamo’s COC, “for lack of merit”.

The petitioners noted that Degamo had completed three terms in office and could no longer seek another term for the same position as governor.

However, Degamo is seeking another term as governor for yet another term, claiming that his three terms in office were interrupted a number of times following suspension and dismissal orders by the Office of the Ombudsman over cases of intelligence and calamity fund use filed against him.

Castillano said in the event the petitioners file a motion for reconsideration with the Comelec en banc, the latter will now handle the case and decide on it.

“If the Comelec en banc will deny the petition, it may still be elevated to the Supreme Court,” he said. (PNA)

 

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