In an order dated January 13, 2016 yet but made public only yesterday, the Comelec Second Division dismissed the petition filed by mayoral candidate Noelito “Noel” B. Castro seeking the cancellation of the Certificate of Candidacy (COC) of Morales and to disqualify him as a mayoralty candidate of this component city.
In his petition, Castro alleged that Morales made a false representation that he is eligible to run as mayor although he has already served three consecutive terms in the same position immediately prior to the scheduled May 9 polls.
But “upon a judicious review” of Castro’s petition, the Comelec said it suffers from “several procedural defects” which the poll body enumerated as “lack of verification, failure to furnish the respondent a copy of the petition, and failure to comply with the Efficient Use of Paper Rule.”
The Comelec said that under its Resolution No. 9523 promulgated on September 25, 2012, “it is required that a petition to deny due course or cancel a certificate of candidacy for any elective office be verified.”
The same resolution also requires the petitioner, before filing the petition, to furnish the respondent a copy of his petition either through personal service or registered mail.
As an additional requirement, the Comelec said it is required upon the petitioner to submit a soft copy of the petition, together with its annexes, in accordance with the Efficient Use of Paper Rule as provided under its Resolution No. 9576 promulgated on December 12, 2012.
The Comelec said in view of the foregoing, the petition dated October 20, 2015 is dismissed.
The Comelec Second Division is composed of Presiding Commissioner Al A. Parreño and Commissioners Arthur D. Lim and Sheriff M. Abas.
