A BROTHER of movie actor Robin Padilla has filed a petition before the Supreme Court seeking to compel the Commission on Elections (Comelec) to declare him the duly elected vice governor of Camarines Norte.
In a 19-page petition for writ of mandamus, Ricarte “Dong” Padilla, asked the Court to direct the Comelec en banc to resolve the motion for reconsideration filed by incumbent Vice governor Jonah Pedro Pimentel, whose certificate of candidacy (COC) was cancelled by the Comelec’s Second Division in a resolution issued on May 10, 2019, or three days prior to the election for alleged violation of the three-term limit and for several misrepresentations in his COC.
After the completion of the canvass of the votes for the May 13, 2019 national and local elections, Pimentel garnered 121,919 votes compared to 120,159 votes received by Padilla.
Padilla, however, asked the Comelec to direct the Provincial Board of Canvassers (PBOC) to proclaim him as the duly elected vice governor of Camarines Norte in line with the Comelec’s Second Division’s decision cancelling Pimentel’s COC.
On May 27, 2019, Comelec chairman Sheriff Abas referred his motion to the Comelec’s Second Division for action.
Prior to this, Pimentel also filed a motion for reconsideration seeking the reversal of the cancellation of his COC by the Comelec’s Second Division.
Padilla, however, noted that Pimentel’s motion for reconsideration was filed on May 17, which was beyond the required five-day period within which to appeal an order, resolution or decision by a division.
Padilla said that the Comelec Second Division referred the case to the Comelec en banc on May 21, 2019 but the latter has yet to act on it until now.
“Petitioner, with all due respect, humbly submits that respondents Comelec and Commission, violated Section 78 of the Omnibus Election Code, and Rule 18 and 19 of the Rules of Procedures of the Commission on Elections when it refused/failed to resolve the issues raised before it…,” the petitioner said.
Under Section 78 of the Omnibus Election Code, a petition to cancel a certificate of candidacy should be decided not later than 15 days before the elections.
Rules 18 and 19 of the Comelec Rules of Procedure cover disposition of petitions and motions.
“The failure and refusal of the respondent Commissioners, in the case at bar, to resolve the pending combined petition(s) to deny due court and to cancel the certificate of candidacy of respondent Pimentel and by their refusal/failure to resolve the belated motion for reconsideration filed before it, which was commanded by the law to be decided within a period of 15 days before election day, deprives the constituents of the province of Camarines Norte, of the constitutionally mandated right to be represented by their duly elected public officials,” he said.
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