Comelec en banc upholds nuisance tag on Dante Valencia

The Commission on Elections en banc has upheld the decision that deems as nuisance the candidacy of one of the two less prominent candidates in the Comelec's current list of presidential aspirants.

In a resolution, the en banc junked the motion for reconsideration filed by Dante Valencia, who was seeking to overturn the decision of the Comelec First Division last December 4 to deny due course to his certificate of candidacy.

Valencia, who is running as an independent, was one of at least 100 presidential aspirants who faced petitions to deny due course, filed motu proprio by the Comelec law department.

In his COC, filed Oct. 16, 2015, he wrote that he is a civil engineer/"networker."

The en banc said it found Valencia's appeal "unmeritorious," as he "failed to prove" that the resolution ran contrary to law or that evidence was "insufficient."

It agreed with the First Division that Valencia's motion "was belatedly filed on November 11, 2015," when he had "admitted that he received" the summon for preliminary conference, as well as the petition, on Nov. 5.

The en banc said the First Division "correctly held that Respondent's failure to comply with the rules demonstrates his lack of genuine interest to run for president."

Moreover, it ruled that evidence presented by Valencia "do not sufficiently establish his capability to sustain the financial rigors a nationwide campaign."

"For one, it must be noted that Respondent is seeking to run as an independent candidate, or one without the support of a political party. Although political party nomination is not a guarantee of a candidate's capability to launch a nationwide campaign, running as an independent further decreases a candidate's chances with even more limited resources at his or her disposal," the en banc said.

It added that upon searching records, the en banc "found no evidence to support" Valencia's claim on the sale of a P150-million worth of property, which the First Division deemed "are not enough to prove" Valencia's financial capacity to mount a nationwide campaign.

Further, the en banc said the supposed support from a financier named Pablo Orpilla Sapitula, who calls himself "white spiritual boy/spiritual wonder boy," is "incredible."

In a confirmation of "personal financial support" signed by Sapitula, he wrote that he is "the new sole owner/successor/holder/trustee/signatory to the global asset/trust fund and eternal asset" from "the reconfirmed, recertified, recognized and acknowledged last will and testaments and joint trust declaration of former President Ferdinand Edralin Marcos and Tiburcio Villamor Marcos."

"To the mind of this Commission (En Banc), the tenor of this document is just difficult to believe," the en banc said in its resolution. "Accordingly, [we] cannot give credence to this document as basis of Sapitula's capacity to support Respondent's campaign."

In an interview on Thursday, Comelec chair Andres Bautista said Valencia may still go to the Supreme Court to secure a temporary restraining order against the resolution within five days upon receipt.

He added that this leaves seven names in the list for president, including Romel "Mel" Mendoza, who is running under the Pwersa ng Masang Pilipino, party led by former President and incumbent Manila Mayor Joseph Estrada.

While unknown to many, Mendoza—an "assistant project officer"—filed his COC with a certificate of nomination and acceptance signed by detained Sen. Jinggoy Estrada, the party's president, and its secretary general Jesse Ejercito.

Asked about Mendoza's candidacy, Bautista said, "Pinagdebatehan 'yan."

"'Yung iba, ang pananaw, kumbaga, hindi lang dapat partido, pero tinitingnan mo rin ang personal na katangian ng isang kandidato. Pero 'yan ang naging pasya ng en banc," he said.

The other names in the list for president include:
* Vice President Jejomar Binay
* Sen. Miriam Defensor-Santiago
* Davao City Mayor Rodrigo Duterte
* Sen. Grace Poe
* former Interior Sec. Mar Roxas.

Poe is seeking to overturn two Comelec rulings that cancel her certificate of candidacy on grounds of false material representation.

The third round of oral arguments—which has delved into whether she is natural-born and whether she meets the 10-year residency requirement—will be on Tuesday, Feb. 2.

Duterte, meanwhile, is facing four petitions before the First Division, which have been consolidated and awaiting resolution.

The Comelec has moved the finalization of the list of candidates to Feb. 3. -NB, GMA News