THE Supreme Court on Tuesday dismissed a petition seeking to nullify the Commission on Elections decision extending the deadline for filing Statements of Contributions and Expenditures at the request of the Liberal Party.
The petition was filed last week by retired Army Col. Justino Padiernos of the People’s Freedom Party and lawyer Manuelito Luna of the 1-Abilidad party-list.
But the high court dismissed the petition on a technicality.
The Comelec welcomed the high court’s decision.
But the United Nationalist Alliance expressed disappointment over it.
“We mourn the passing of The Rule of Law,” UNA spokesman Mon Ilagan said.
“Sadly, its final breath was taken away by a democracy-driven institution that is supposed to uphold the highest standard of integrity, impartiality and respect for the Rule of Law.”
The high court cited the failure of the petitioners to attach a duplicate, original or certified copy of the Comelec resolution as required by the Rules of Civil Procedures.
“Petitioners merely submitted news reports in lieu of the required number of the assailed resolution,” the high court said.
“As petitioners failed to state the exact date of promulgation of the assailed resolution, the averments regarding the timeliness of petition are also defective.
“We remind petitioners that this Court cannot act upon a petition for certiorari that does not contain the assailed issuances and wholly relies upon printed news accounts. In sum, the failure of the instant petition to comply with these basic requirements constitutes a sufficient reason for its dismissal.”
The petitioners claimed that the 30-day deadline was set under Republic Act 7166 and that the poll body “is constitutionally and statutorily mandated to enforce and administer all election laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall.”
They said the extension made by the Comelec was tantamount “to an impermissible amendment of Section 14 of R.A. 7166.”
They said the Comelec’s decision was “unfair” and set a bad precedent.
The party mates of President-elect Rodrigo Duterte in the PDP-Laban were set to file a similar petition with the high court as earlier announced by Davao del Norte Rep. and incoming House Speaker Pantaleon Alvarez.
Voting 4-3 on June 16, the Comelec granted the LP’s motion for extending and moving the deadline for submitting the SOCEs to June 30.
