SC junks petition of nuisance candidate
Published Dec 28, 2019 12:00 am
By Jeffrey Damicog
The Supreme Court (SC) has junked the petition of the namesake of Zamboanga del Norte Governor Roberto “Berto” Uy which sought to overturn the ruling of the Commission on Elections (Comelec) that declared him a nuisance candidate.
Supreme Court (SC) (MANILA BULLETIN)
In a resolution dated November 26 but only made available to media on Friday, December 27, the SC reminded petitioner, Roberto Escobido Uy, that “only petitions which are accompanied by or which comply strictly with the requirements specified therein shall be entertained.”
“On the basis thereof, the Court Resolved to dismiss the instant petition for certiorari and prohibition for non-compliance,” read the SC ruling.
Escobido Uy sought to challenge Governor Uy for the post during the May elections but the Comelec declared him a nuisance candidate and canceled his certificate of candidacy (COC).
Because of this, Escobido Uy filed a petition before the SC challenging the Comelec ruling.
However, the SC pointed out Escobido Uy failed to follow the 1997 Rules in Civil Procedure.
The high court enumerated the rules he failed to comply including his “failure to submit proper verification” since “the affiant appeared to lacked competent evidence of identity.”
The other rules he failed to comply with include:
-Failure to state material dates showing when notice of judgment or final order or resolution subject of the petition was received, when a motion for reconsideration, if any, was filed, and when notice of the denial thereof was received, to show that the petition was filed on time;
-Failure to accompany the petition with clearly legible duplicate originals or certified true copies of the assailed resolutions of the Comelec;
-Lack of proof of service of the petition on the Comelec like a written admission of the party served, an affidavit of the party serving, or registry receipts;
-Non-compliance with the required certification against forum shopping that certified he has not commenced any other action involving the same issues in the SC, Court of Appeals, or in the different divisions thereof, or any other tribunal or agency;
Supreme Court (SC) (MANILA BULLETIN)
In a resolution dated November 26 but only made available to media on Friday, December 27, the SC reminded petitioner, Roberto Escobido Uy, that “only petitions which are accompanied by or which comply strictly with the requirements specified therein shall be entertained.”
“On the basis thereof, the Court Resolved to dismiss the instant petition for certiorari and prohibition for non-compliance,” read the SC ruling.
Escobido Uy sought to challenge Governor Uy for the post during the May elections but the Comelec declared him a nuisance candidate and canceled his certificate of candidacy (COC).
Because of this, Escobido Uy filed a petition before the SC challenging the Comelec ruling.
However, the SC pointed out Escobido Uy failed to follow the 1997 Rules in Civil Procedure.
The high court enumerated the rules he failed to comply including his “failure to submit proper verification” since “the affiant appeared to lacked competent evidence of identity.”
The other rules he failed to comply with include:
-Failure to state material dates showing when notice of judgment or final order or resolution subject of the petition was received, when a motion for reconsideration, if any, was filed, and when notice of the denial thereof was received, to show that the petition was filed on time;
-Failure to accompany the petition with clearly legible duplicate originals or certified true copies of the assailed resolutions of the Comelec;
-Lack of proof of service of the petition on the Comelec like a written admission of the party served, an affidavit of the party serving, or registry receipts;
-Non-compliance with the required certification against forum shopping that certified he has not commenced any other action involving the same issues in the SC, Court of Appeals, or in the different divisions thereof, or any other tribunal or agency;