The Comelec issued a certificate of finality on its earlier ruling recognizing the PDP-Laban faction led by former President Rodrigo Duterte as the official party. | zacariansINQ
“Rule 186 of the 1993 Comelec Rules of Procedure provides that a resolution of the Commission En Banc in special proceedings shall become final and executory after 30 days from its promulgation,” the decision reads.The Comelec en banc also noted in its decision that “no restraining order has been issued by the Supreme Court within 30 days from receipt of the parties” which could have precluded its January 27 resolution.
But Pimentel said in a statement Thursday that Comelec’s certificate of finality is just pro forma or an “automatic announcement based on its own practice or institutional habit.”“But the Comelec cannot, by its own pronouncements, deprive the Supreme Court of jurisdiction to review its actions and decisions especially when they are exposed to be whimsical, capricious, arbitrary or issued with grave abuse of discretion, such as the decision in this case,” he added.
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