MANILA — The Commission on Elections (Comelec) en banc has moved to annul the May 9 victory of Negros Oriental Governor Pryde Henry Teves.

This, after the poll body affirmed the resolution of its second division that declared Grego Degamo as a nuisance candidate the province's 2022 gubernatorial race.

Voting 3-2, the Comelec en banc voted to deny the motion of reconsideration of respondent Grego, after the Second Division on December 16, 2021 granted the petition of former Governor Roel Degamo to declare Grego a nuisance candidate and cancel his certificate of candidacy.

Grego used the name "Ruel" in his gubernatorial bid.

In the absence of a temporary restraining order or injunctive writ issued by the Supreme Court, the Comelec then issued a Certificate of Finality and Entry of Judgment on Tuesday directing the Special Provincial Board of Canvassers (SPBOC) of Negros Oriental to annul Teves' proclamation and credit the votes obtained by Grego in favor of Roel Degamo.

The Comelec en banc explained that Grego failed to provide proof that he is legitimately known as “Ruel Degamo” when he chose to use his purported surname “Degamo” and “suddenly elected” to use “Ruel” as his nickname which “would necessarily confuse him with the Petitioner” whose name is “Roel Ragay Degamo.”

The Comelec Second Division observed that Grego’s surname is “GAUDIA” but chose to use for the purposes of the 2022 elections DEGAMO, “the surname of those who has taken custody of him but has not legally adopted him.”

“All of these evinces bad faith on the part of the Respondent, clearly, he has no bona fide intention to run for the gubernatorial seat in Negros Oriental,” the Second Division had said.

The SPBOC has been directed to convene on Monday, October 3, at the Comelec session hall in Manila to amend or correct the certificate of canvass of votes and proclamation for the provincial governor, amend the statement of votes by precinct and proclaim the candidate who obtained the highest number of votes based on the amended statement of votes by precinct as the duly elected governor of Negros Oriental.

Partial, unofficial results showed Teves leading Roel Degamo by only around 19,000 votes while the Grego obtained about 49,000 votes. Crediting these votes to Roel Degamo will make him lead the gubernatorial race.

Comelec chairman George Garcia, Commissioners Socorro Inting and Rey Bulay voted to deny the respondent’s motion for reconsideration and grant the petition of Roel Degamo. Commissioners Marlon Casquejo and Aimee Ferolino dissented.

Comelec spokesperson Atty. John Rex Laudiangco said the writ of execution was served by the Clerk of the Commission to the parties and counsel on Wednesday.