The Commission on Elections (Comelec) has dismissed the petition to disqualify Bagong Henerasyon (BH) Party-list, paving the way for its official proclamation as a winner in the 2025 mid-term elections.
DQ case vs Bagong Henerasyon Party-list junked
Published May 23, 2025 12:09 pm
Comelec's First Division, in a resolution dated May 22, dismissed the petition filed by Russel Stanley Geronimo against the party-list on technical grounds.
BH, which secured one seat in the House of Representatives, was among the top 54 winning party-lists during the recent elections, but its proclamation on May 19 was suspended pending its case.
Comelec dismissed the case because Geronimo did not furnish a copy of his petition to BH nominees through personal service, which was "compulsory" based on the Section 5 (5), Rule 5 of Comelec Resolution No. 9366.
On May 14, Geronimo filed a petition for disqualification against BH and its nominees, Bernadette Herrera, Robert Gerard Lopez Nazal Jr., and Maria Editha Tan Alcantara, over alleged violation of election law rules on intervention of public officers and employees in partisan political activities, and use of public funds in an election campaign.
According to Comelec, upon scrutiny of the submitted petition and its attachments, "it appears that the petitioner allegedly furnished the respondents their respective copies of the petition via email."
But the petitioner neither gave them their copies personally nor explained why he was not able to do so.
According to a Comelec Resolution No. 9366 provision, which sets the procedure in filing petitions, the "petitioner shall, before filing of the petition, furnish a copy of the petition through personal service to the respondent".
"In case personal service is not feasible, or the respondent refuses to receive the petition or the respondent's whereabouts cannot be ascertained, the petitioner shall execute an affidavit stating the reasons or circumstances therefore."
In dismissing the petition, Comelec stated that "the term 'shall' is a word of command and one which has always or which must be given a compulsory meaning and it is generally imperative or mandatory."
Comelec also stated that Geronimo failed to attach a copy of the Certificate of Nomination-Certificate of Appreciation of Nomination (CON-CAN), "which would have been vital in order to properly verify the necessary information alleged in the petition such as the name of the party, organization or coalition, names and respective addresses of the nominees and other information".
"In view of the foregoing, the Commission (First Division) hereby resolves to dismiss the instant petition," it added.
In a statement, BH Party-list said the development was "a testament to the strength of our democratic institutions — that they can be questioned, and yet remain firm, fair, and faithful to the rule of law".
"To our supporters: this is your victory. To the silent, the striving, the unseen: you were never forgotten," it said.
The party-list said that it has always stood for service over spotlight, "and this journey only deepens our commitment to that calling. We do not take lightly the responsibility now placed upon us."