SC overturns dismissal of disqualification petition against Cagayan governor

MANILA, Philippines – The Supreme Court (SC) has overturned the Commission on Elections’ (Comelec) dismissal of a disqualification petition filed against Cagayan Governor Manuel Mamba, a ruling seen as a turning point in the legal case surrounding the 2022 gubernatorial elections and which has the potential of sparking a political crisis in the province.

The SC, in an April 22 statement released by its public information office, said the Comelec “gravely abused its discretion in dismissing the petition for disqualification” against Mamba.

It also sent the case back to the Comelec en banc for proper disposition of the disqualification petition.

The ruling, penned by Associate Justice Jhosep Lopez on April 16, stemmed from a petition for certiorari filed by Mamba’s rival in the gubernatorial race, Maria Zarah Rose De Guzman-Lara.

Her victory in the SC set a precedent for similar election disputes in the future. As the case goes back to the Comelec, a political crisis in Cagayan province over Mamba’s eligibility has taken shape.

De Guzman-Lara brought her case to the SC where she contested Comelec’s dismissal of her petition to disqualify Mamba from the May 2022 local elections.

The case dates back to May 10, 2022, when De Guzman-Lara lodged a petition accusing Mamba of engaging in massive vote-buying and unlawful disbursement of public funds. 

Despite her efforts, Mamba was proclaimed the duly elected governor of Cagayan on May 11, 2022, by the Provincial Board of Canvassers.

Initially, the 2nd Division of the Comelec disqualified Mamba on December 14, 2022, citing violations of election laws. However, the decision was subsequently overturned by the Comelec en banc, which saw De Guzman-Lara’s petition untimely due to technicalities related to the filing process, particularly on the period it was filed.

The SC noted that De Guzman-Lara emailed the petition accusing Mamba of vote-buying and misusing public funds at 6:21 pm on May 10, 2022. Just hours later, at 1:39 am on May 11, 2022, the Provincial Board of Canvassers declared Mamba as the winner of the Cagayan gubernatorial race.

The Comelec en banc rejected De Guzman-Lara’s petition, asserting that it was filed too late. It considered De Guzman-Lara’s email petition, although filed after office hours on May 10, as filed the next working day, at 8 am on May 11, 2022.

The High Tribunal’s ruling, however, held that De Guzman-Lara’s petition was filed via e-mail within a period provided by Section 3, Rule 25 of the Comelec rules.

The SC stated that the interpretation of the term “day” should adhere to the 24-hour definition stipulated in the Civil Code, allowing petitions for disqualification to be filed within the same day as the candidate’s proclamation.

It also emphasized the need for Comelec to adapt its procedures to accommodate modern technological advancements, such as email filings. It noted that government institutions such as the Comelec, which are equipped with sophisticated resources, should be capable of receiving petitions outside traditional office hours.

“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,” read part of the statement from the SC. –Rappler.com