Cagayan Governor Manuel Mamba has retained his post after the Comelec reversed its decision to disqualify him from the 2022 national and local elections. | zacariansINQ
The poll body explained that Under Section 3, Rule 25 of the Comelec Rules of Procedure, petitions for disqualification can no longer be placed after the candidate’s proclamation to their post.
Mamba was proclaimed governor of Cagayan at 1:39 a.m. on May 11, while the petition for disqualification was filed via email at 6:21 p.m. of May 10, which was beyond office hours and was deemed received the following working day at 8 a.m. on May 11.However, the Comelec said that the criminal aspect of a disqualification case may still be filed even after a candidate had been proclaimed, which can still result in disqualification of the one who violated the law.
It cited a Supreme Court decision, in which it held that the Comelec Law Department had the authority to determine whether there is probable cause to file a case for an election offense against a candidate and file a criminal case before the proper court. “Dahil dito, isinangguni ng Commission en banc ang kasong ito sa Law Department para sa pagsasagawa ng preliminary investigation,” said Comelec.
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