Comelec en banc cancels Sultan Kudarat gubernatorial bet COC

The Commission on Elections on Monday cancelled the Certificate of Candidacy (COC) of Sultan Kudarat gubernatorial candidate Datu Pax Ali Mangudadatu upholding the First Division’s ruling which found that the aspirant “committed material misrepresentation” in his COC.

In a resolution promulgated May 2, the poll commission denied the motion for reconsideration filed by Mangudadatu which sought the reversal of the First Division’s ruling.

“WHEREFORE, in the view of the foregoing, the Commission (En Bac) DENIES Respondent’s Motion for Reconsideration dated 20 January 2022 and AFFIRMS the Resolution of the Commission (First Division) promulgated on 18 January 2022,” the resolution read.

The decision was signed by Comelec Chairman Saidamen Pangarungan, Commissioners Marlon Casquejo, Socorro Inting, Aimee Ferolino, Rey Bulay, Aimee Torrefranca-Neri, and George Erwin Garcia.

Pangarungan and Neri issued a dissenting opinion while Garcia inhibited himself from the case as one of the parties involved in the case is a former client.

According to the Comelec en banc, the motion for reconsideration filed by Mangudadatu must be denied as Section 1, Rule 19 of the Comelec Rules of Procedure may be filed on the grounds that the evidence is insufficient to justify the decision, order or ruling or if the same is contrary to the law.

“A careful review of the Motion for Reconsideration reveals that it failed to raise new matters or issues that would warrant the reversal of the Assailed Resolution. We find no cogent reason to disturb the findings of the Commission (First Division). Respondents merely reiterated his previous assertions before the Commission (First Division),” the resolution read.

On January 18, the Comelec First Division granted two petitions which sought the denial of Mangudadatu's COC, both asserting that the gubernatorial candidate falsely represented material facts in his COC, particularly on the requirement that the candidate should be a resident of the locality where he is seeking a post for at least one year.

The petitions argued that Mangudadatu cannot run for a post in the provincial government of Sultan Kudarat as he is still the incumbent mayor of the Municipality of Datu Abdullah Sangki in Maguindanao when he filed his COC.

While Mangudadatu explained to the Comelec division that he complied with the requisites to effect a change or to re-establish his residence in his domicile of origin, the First Division still granted the petitions lodged against the candidate.

The Comelec en Banc stated that they found Mangudadatu’s declaration in his COC for Governor of Sultan Kudarat in the May 9 polls that he is a resident of the province as a “false” representation.

The poll officials cited Section 29 (a) of Republic Act No. 7160 or the Local Government Code which stated that: “An elective official must be a citizen of the Philippines, a registered voter in the barangay, municipality, city, or province or, in the case of a member of sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election, and able to read and write Filipino or any other local language or dialect.”

The Comelec en Banc argued, as pointed out in Comelec First Division’s ruling, that Mangudadatu’s incumbency as Mayor of Datu Abdullah Sangki, Maguindanao, |requires him to “continuously remain a resident thereof for his entire tenure.”

The body further upheld that Mangudadatu’s claim that he is a resident of the Sultan Kudarat for a period of one year and eight months “was contrary to the facts.”

“Therefore, the Commission (First Division) correctly found that Respondent committed false material representation under Section 78 of the [Omnibus Election Code] in his subject COC. Moreover, respondent signed his COC, and subscribed and sworn veracity of his declarations therein, indicating that his false representations are deliberate, and will effectively mislead the electorate on his qualifications as Governor of Sultan Kudarat,” the en banc ruled.

Comelec en Banc’s decisions are still appealable before the Supreme Court.—LDF, GMA News