Akbayan Partylist on Tuesday, Feb. 15, appealed the decision of the Commission on Elections (Comelec) First Division dismissing the three disqualification cases against presidential candidate Ferdinand "Bongbong" Marcos Jr.

The group called on the Comelec en banc to reverse the decision of its First Division and include the points raised by retired Commissioner Rowena Guanzon in her separate opinion in the deliberation of the case.

In a statement, Akbayan also called on Commissioner Aimee Ferolino to inhibit herself from the en banc’s deliberations, saying that her involvement in the serious accusations made by Commissioner Guanzon undermined her credibility and integrity.

“We appeal to the sense of decency and integrity of Commissioner Ferolino to inhibit herself from further participation in this case," Akbayan said.

The petitioners also took exception with how the First Division arrived at its resolution, saying that the Comelec may have violated its own rules when it issued the decision with only two actively serving commissioners.

“The Comelec's rules provide that a Division shall be composed of three commissioners. As such, the decision issued on the petitions may be void as it was issued by a Division that was not validly constituted, there being only two commissioners left. Had they issued the resolution when the Division was still validly constituted by three Commissioners, then it would have been a valid resolution," the group said.

There were only two members of the Comelec First Division namely Commissioners Marlon Casquejo and Aimee Ferolino, when the decision was promulgated.

This was also in their Motion for Reconsideration (MR).

"The word used is 'shall', which clearly provides that three Commissioners are needed to constitute a division. Two Commissioners do not suffice to validly constitute a Division that could issue a resolution for the Comelec," Akbayan said.

"Consequently, the so-called 'Resolution' dated 10 February 2022 should not be treated as one that is validly issued by the Comelec. It is nothing more than a document issued by two Commissioners, but certainly not a Resolution or Decision that should be treated as having been issued by the Comelec," it added.

"For these reasons, the Petitioners respectfully maintain that the Resolution dated 10 February 2022 is null and void," said the group.

Last week, the Comelec First Division dismissed the petitions filed by Bonifacio Ilagan, Akbayan and Abubakar Mangelen against Marcos Jr for lack of merit.