Comelec 1st Division dismisses DQ petition vs Bagong Henerasyon

The Commission on Elections First Division has dismissed a petition for disqualification filed against Bagong Henerasyon Party-list and its nominees.

In a three-page order dated May 22, the Comelec First Division said petitioner Russel Stanley Geronimo failed to serve a copy of the petition to the respondents through personal service.

It said the petitioner furnished the respondents copies of the petition via registered mail but did not submit an affidavit stating reasons why personal service was not feasible.

Aside from the party-list, named as respondents were Rep. Bernadette Herrera, Robert Gerard Lopez Nazal Jr., and Maria Editha Tan Alcantara.

The Comelec division added Geronimo also failed to attach a copy of Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN) which "must be submitted in order for this petition to be considered sufficient in form."

"Settled is the rule that failure to comply with a mandatory requirement warrants the dismissal of the petition. In view of the foregoing, the Commission (First Division) hereby resolves to dismiss the instant petition," it said.

On Monday, the Commission on Elections, sitting as the National Board of Canvassers, postponed the proclamation of Bagong Henerasyon Party-list and Duterte Youth due to pending petitions filed against them.

Asked if Bagong Henerasyon can now be proclaimed with the dismissal of the petition, Comelec Chairman George Erwin Garcia said they can once the decision is final and executory, dzBB's Isa Avendaño-Umali reported.

Garcia said the petitioner can still file a motion for reconsideration.—AOL, GMA Integrated News