Ricarte “Dong” Padilla, brother of movie actor Robin Padilla, has asked the Supreme Court (SC) to compel the Commission on Elections (Comelec) to proclaim him as the duly elected vice governor of Camarines Norte.
In a petition, Ricarte told the SC that the Comelec should resolve and deny the motion for reconsideration filed by Jonah Pedro Pimentel, whose certificate of candidacy (COC) for vice governor was cancelled by the poll body three days before the May 13, 2019 election.
Thus, he said, the Comelec should direct the Camarines Norte provincial board of canvassers to proclaim him vice governor because of the cancellation of Pimentel’s COC.
Pimentel’s COC was cancelled for alleged violation of the three-term limit and for several “misrepresentations” in the COC.
Pimentel garnered 121,919 votes compared to Ricarte’s 120,159 votes.
Records showed that Pimentel filed a motion to reconsider the Comelec’s ruling on the COC.
But Ricarte said Pimentel’s motion was filed on May 17, 2019 which was beyond the required five-day period within which to appeal an order, resolution or decision by a division of the Comelec.
He pointed out that the Comelec has not acted on the motion for reconsideration since then.
“Petitioner, with all due respect, humbly submits that respondent Comelec 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…,” Ricarte said.
He pointed out that under Section 78 of the Omnibus Election Code, a petition to cancel a COC should be decided not later than 15 days before the elections.