Avila to challenge Comelec deeming his COC not filed

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BAGUIO CITY — Baguio City mayoral bet Councilor Edgar Avila will use every possible legal means to question the Commission on Elections en banc minute resolution issued this week that deemed his certificate of candidacy not filed for supposedly using an old certificate of candidacy format.

Avila is one of the 23 political candidates nationwide whose COC were deemed not filed and therefore invalid in Comelec en banc minute resolution issued on March 29, 2019.

In a press conference on April 5, Avila and his camp said the decision is not final and executory and that they will bring the matter up to the Supreme Court.

Avila argued that while the Comelec may act on its own on such case, it must notify the concerned candidates in a hearing, which is a requirement guaranteed by the Constitution and the Comelec Rules of Procedure.

“I was therefore deprived of due process,” Avila said, who described April 2, when he received the resolution, as a “sad day”.

He explained that when he filed his COC, he filled up the proper form which was verified and checked by Comelec Baguio Election Officer Atty. John Paul Martin and who observed no defects on the COC.

“As such, the COC was admitted and given due course. We have substantially complied with the requirements of the Comelec,” Avila said.

He vowed that he will file the appropriate actions to challenge the resolution within the prescribed period.

“We urge our supporters to stand strong as well will address this challenge. Tuloy ang laban!” Avila said.

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