
The Commission on Elections (Comelec) en banc upheld on Friday, 30 May, the First Division’s ruling dismissing the disqualification case against the Bagong Henerasyon (BH) Party-list.
In an eight-page resolution released to the media, the en banc said the appeal was denied for lack of merit.
"Petitioner likewise failed to attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN) which 'would have been vital in order to properly verify the necessary information alleged in the Petition,'" the resolution read.
The petition was filed by Russel Stanley Geronimo against the BH Party-list and its nominees: Rep. Bernadette Herrera, Robert Gerard Lopez Nazal Jr., and Maria Editha Tan Alcantara.
In a Viber message to reporters, Comelec spokesperson Atty. Rex Laudiangco said that unless the petitioner secures a temporary restraining order from the Supreme Court — should they appeal via a Petition for Certiorari — the en banc’s decision will become final within five days.
"After which, the Clerk of the Commission will issue a Certificate of Finality, an Entry of Judgment and Writ of Execution. Then, proclamation may ensure," Laudiangco said.
"The decision of the Commission en banc must first be final and executory," he added.
Comelec, sitting as the National Board of Canvassers, had earlier postponed the proclamation of BH Party-list and Duterte Youth due to pending petitions filed against them.