SC reverses Comelec’s dismissal of Mamba disqualification petition

The Supreme Court ruled that the Commission on Elections (Comelec) committed grave abuse of discretion in dismissing the petition for disqualification filed against Cagayan Governor Manuel Mamba.

Last week, the SC En Banc granted the petition for certiorari filed by Ma. Zarah Rose De Guzman-Lara that challenged the poll body’s dismissal of her petition to disqualify Mamba from the May 2022 local elections.

The SC also remanded the case to the Comelec En Banc for proper disposition of De Guzman-Lara's petition.

“It held that the petition for disqualification was filed on time,” the SC PIO said in a briefer.

When sought for comment, Comelec Chairperson George Garcia told GMA News Online that the commission first needed to read the entire resolution as there was a pending case involving both parties before the Comelec.

Both De Guzman-Lara and Mamba were candidates for Governor of Cagayan. In May 2022, De Guzman-Lara filed a petition to disqualify Mamba on the grounds of vote-buying and unlawful disbursement of public funds.

Mamba was later proclaimed governor after garnering the most votes.

In December 2022, the Comelec Second Division disqualified Mamba after it found substantial evidence that Mamba violated Section 261(v) of the Omnibus Election Code, which prohibits the unauthorized release, disbursement, or expenditure of public funds during the campaign period.

However, the Comelec En Banc reversed this in March 2023, ruling that De Guzman-Lara's petition was filed out of time.

This prompted De Guzman-Lara to file her Supreme Court petition.

Citing the Comelec Rules of Procedure, the SC said that disqualification petitions shall be filed any day after the last day for filing of certificates of candidacy but not later than the date of proclamation. It said a petition could be filed even after the exact time of the proclamation, as long as it was filed on the same day.

“Practicable realities borne by technological advances must likewise be considered, such as those resulting from filings made through email. Actual receipt of pleadings by email is not limited to the physical structures of an agency, which remain open during certain hours of the day,” the SC said.

“The court pointed out that in light of current capabilities brought by modern technology, it can hardly be argued that institutions with vast innovative resources such as the Comelec will not be able to access a pleading filed beyond office hours when such filing was made via email,” it added. — DVM, GMA Integrated News