CEBU, Philippines – The Commission on Elections En Banc has recognized the set of nominations for Alliance for Nationalism and Democracy (ANAD) Partylist led by Pastor Alcover Jr. for the May 10 elections.
This after the Comelec En Banc affirmed the earlier decision of the Comelec First Division to cancel or nullify the second Certificate of Nomination and Certificate of Acceptance filed by the group of David Odilao Jr.
In a resolution promulgated September 21, 2010, the Comelec En Banc denied Odilao's motion for reconsideration.
Despite the Comelec decision, however, Alcover may still not sit as representative, as Odilao's group reportedly elevated the matter to the Supreme Court.
Alcover, however, remains hopeful and said he would follow-up his Certificate of Proclamation next week.
"Hopefully, next week ANAD will be back in Congress," Alcover said, adding, the same would be his birthday gift on October 5.
On November 26, 2009, ANAD through its national president Domingo Balang, filed the party's Manifestation to participate in the May 10, 2010.
On March 18, 2010, Balang filed ANAD's Certificate of Nomination and Certificate of Acceptance led by Alcover as first nominee.
However, on March 26, 2010, Paul Gabunales, signing as president of ANAD, filed a second set of certificate of nomination and certificate of acceptance naming Odilao, Leborio Jangao Jr., Alexander Canonigo, Bernardo Mabbagu and Herminigildo Gonzaga as the party list ANAD's nominees.
This prompted Alcover to file a petition for the cancellation and nullification of the second set of nominees on April 30, 2010.
The Comelec En Banc ruled subsequently that Odilao's group failed to show evidence that the one who signed the certificate of nomination and certificate of acceptance submitted by Alcover's group had no authority to do so.
"Not a single evidence that could have persuaded this Commission, or at least, could have created a doubt as to the legitimacy of the party list ANAD's first set of certificate of nomination and certificate of acceptance has ever been presented," the en banc resolution stated.
If further stated that, "Most importantly, the respondent did not bother to present any proof that would compel us (Commission) to conclude that they were the legitimate nominees of the party list ANAD. Respondent's bare allegation does not amount to proof or evidence, thus, deserves scant consideration." (FREEMAN)