Benguet: The Commission on Elections (Comelec) Second Division has given the green light for Eric Yap to be proclaimed as the representative of Benguet's lone district in the House of Representatives. This decision marks a significant development in the political landscape of the region, following a petition that challenged Yap's eligibility.
According to Philippines News Agency, the Comelec Second Division issued an eight-page decision on June 26, dismissing the petition filed by Franklin Tino. The petition questioned Yap's qualifications, alleging that he does not have Filipino parents and has spent most of his life in China. However, the division found that Tino did not provide substantial evidence to support these claims.
The ruling emphasized the principle that the burden of proof lies with the party asserting an affirmative issue. The division stated, "It is a well-settled rule that burden of proof rests upon the party who, as determined by the pleadings or nature of the case, asserts an affirmative issue. Contentions must be proved by competent evidence and not upon the weakness of the opponent's defense."
Without the necessary documentation, Tino's allegations were deemed insubstantial, leading to the dismissal of the petition. The division remarked on the speculative nature of the petition, underscoring the lack of substantial evidence presented.
As a result, the suspension of Eric G. Yap's proclamation has been lifted. The Provincial Board of Canvassers of Benguet has been instructed to reconvene and officially proclaim Yap as the duly elected Member of the House of Representatives for the Lone District of Benguet. Yap secured 144,093 votes, significantly outpacing his closest rival, Vice Governor Ericson Felipe, who garnered 62,371 votes.