The Commission on Elections (Comelec) en banc denied on Monday, May 2 the motion for reconsideration filed by Datu Pax Ali Mangudadatu, disallowing him to seek the gubernatorial post in the May 2022 polls.

The motion was filed in relation to the consolidated petitions seeking the cancellation of the Certificate of Candidacy (COC) that was granted by the Comelec First Division last January 18.

According to the poll body, review of the motion revealed that it failed to raise new matters or issues that would warrant the reversal of the resolution promulgated by the Comelec First Division.

The declaration in Mangudadatu's COC for governor that he is a resident of Purok Garden, Tamnag, Lutayan, Sultan Kudarat for one year and eight months, and eligible for the said office, all refer to material representations contemplated in Section 78 of the Omnibus Election Code (OEC), which the en banc found to be false.

When Mangudadatu filed his COC, it was pointed out in the resolution that he was still the incumbent Mayor of the Municipality of Datu Abdulah Sangko which is a continuing requirement or qualification. The elected official must remain a resident there for the rest of his term.

His claim that he is a resident of Purok Garden, Tamnag, Lutayan, Sultan Kudarat for one year and eight months "runs contrary to the facts".

"Consequently, Respondent's declaration in Item. No. 11 of his COC that he is eligible for the office he seeks to be elected to, cannot be given credence at this point," the Commission said.

"Therefore, the Commission (First Division) correctly found that Respondent committed false material representation under Section 78 of the OEC in his subject COC. Moreover, respondent signed his COC, and subscribed and sworn to the veracity of his declarations therein, indicating that his false representations are deliberate, and will effectively mislead the electorate in his qualifications as Governor of Sultan Kudarat," it added.