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Newly-proclaimed
Albur town Mayor Jose Ugdoracion's assumption to office still
hangs in the balance as the Comelec decided to nullify his
candidacy in the recently concluded polls.
The
ruling was promulgated by the Comelec's First Division last
May 8, 2007, six days before the May 14 elections.
However,
Ugdoracion filed a motion for reconsideration at the Commission
arguing that he is a bonafide resident of Albur and that he
is eligible to run and be elected as mayor.
Meanwhile,
six other disqualification petitions with one involving another
elected town mayor was also decided by the Comelec' First
Division despite the assurance of Commissioner-in-charge for
the Visayas Resurreccion Borra that they will render rulings
on 21 disqualification cases of candidates before election
day.
In
a resolution signed by Commissioners Borra and Romeo Brawner,
they ordered the cancellation of the Certificate of Candidacy
(COC) of Ugdoracion and the removal of his name in the certified
list of candidates for the position of mayor in the municipality
of Albur due to "material misrepresentation in his COC
and the lack of necessary residency requirement of 1-year
to run and be elected as mayor.
The
Comelec resolved the allegations made by Ugdoracion's main
opponent, mayoralty bet Ephraim Tungol (son of incumbent Mayor
Efren Tungol), who claimed that the former made a material
misrepresentation in his COC when he stated that his period
of residence in the Philippines before the May 14 elections
(Sec. 74, Omnibus Election Code).
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Ugdoracion
also stated in his COC that he is not a permanent resident
or an immigrant to a foreign country which was disproved
by Tungol by showing evidence that the former was granted
immigrant status in the United States with INS Alien
No. 047-894-254.
Tungol
also revealed that Ugdoracion stayed and resided in
the US and was issued a Lawful Permanent Resident Card
(Green Card) on September 26, 2001 which was to expire
on November 6, 2011. Ugdoracion allegedly stayed at
1 Coolidge Avenue, East Hanover, New Jersey.
In
fact, Tungol stated in his petition, Ugdoracion applied
for registration as a voter at the Comelec last October
12, 2006 and was subsequently approved last January
8, 2007.
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In
its ruling, the Comelec (First Division) found that Ugdoracion
made a material misrepresentation in his COC by stating that
he is a resident of Albur for 41 years, when in fact his residence
in the town was interrupted when he stayed in the US as an
immigrant.
It
was also found out that Ugdoracion surrendered his permanent
resident status in the United States only last October 16,
2006.
"Very
clearly, if we have to reckon the date of his surrender of
permanent resident status (Oct. 18, 2006), that is only barely
8 months [before] election time on May 14, 2007," the
resolution stated.
According
to the commissioners, no less than the Supreme Court has ruled
(Caasi vs. Court of Appeals, 191 SCRA 229) "that immigration
to the United States by virtue of a 'greencard,' which entitles
one to reside permanently in that country constitute abandonment
of domcile in the Philippines."
Hence,
the Comelec decision stated, "the date of abandonement
of his status as permanent resident of the United States,
respondent (Ugdoracion) is for all intents and purposes be
considered as a resident of Albur. Thus, respondent did not
only make a material misrepresentation in his COC but he also
lacks the necessary residency requirement to run and be elected
as mayor of Albur."
Tungol
filed at the Comelec an "urgent motion for suspension
and/or declaration of nullity of proclamation" of Ugdoracion.
The
motion stated that applicable provisions of RA 6646 which
mandates that proclamation of a candidate with a pending petition
and with strong evidence of guilt should be suspended while
awaiting final judgment.
UGDORACION
REPLIES
The
mayor elect has filed a motion for reconsideration at the
Comelec arguing that he is a bonafide resident of Albur and
denied having made material misrepresentation in his COC.
Ugdoracion
said that his travel or immigrant visa "was a mere offshoot
of a petition filed in his favor by his sister, which was
never [his] choice."
Even
as he enjoys his stay and his status as an immigrant in the
US, Ugdoracion said he never established residence there and
did not abandon his domicile in Albur where he served as mayor
for three terms.
He
argued that his domicile of origin is never lost despite his
short stay in the USA.
Ugdoracion asked the Comelec to reconsider the said resolution
canceling his COC and "give due course on the plight
of the respondent to serve his constituents."
CINCHES
CASE
Another
newly-elected and proclaimed candidate whose candidacy is
invalidated by the Comelec (First Division) is of Dauis Kagawad-elect
Silvino Cinches.
Cinches,
who landed at the top of race for town kagawad is disqualified
due to a petition filed by 8 other kagawad bets for lack of
residency.
The
petitioners claimed that Cinches has never resided in Dauis
for at least one year immediately preceding the May 14 elections
as he was "a permanent resident of Cotabato where his
family actually and physically lives."
The
Comelec found through presented evidences and affidavits of
petitioners and respondent that Cinches was born in Plaridel,
Misamis Occidental and grew up in that municipality until
he went to college and law school in Tagbilaran City where
he was able to reside in Dauis. He then went back to live
in Cotabato.
Upon
his retirement, however, Cinches returned to Dauis.
According
to the Comelec ruling, whether Cinches resided permanently
in Dauis after his retirement, cannot be determined, "there
being no sufficient and convincing evidence of respondent's
(Cinches) conduct that conforms to the purpose of staying
in Dauis for an indefinite period of time."
"Respondent
(Cinches), being not a resident by origin or choice of Dauis,
is therefore not qualified to be a candidate for or be elected
to any local elective position in the municipality of Dauis,"
the resolution stated further.
According
to the Comelec, Cinches also committed a material misrepresentation
in his COC by claiming that he was born in Napo, Poblacion,
Dauis, and implying that the same was his domicile of origin,
when in fact, he was born in Plaridel, Misamis Occidental
as admitted in his application for registration as a voter
of Dauis.
The
resolution was promulgated last May 11, 2007.
Cinches,
for his part already filed a motion for reconsideration on
the Comelec resolution.
During
an interview with the Chronicle yesterday, Cinches said they
will comply with all legal processes to put an end to the
case.
He
said there is no basis for the petition filed by the eight
other candidates for kagawad while he calls on them to unify
instead and stop partisan politics.
BONIEL
CASE
Meanwhile,
the petition to disqualify newly-elected Bien Unido Mayor
Niño Rey Boniel was dismissed by the Comelec (First
Division) for lack of merit.
The
petition was filed by incumbent Mayor Marianita Garcia based
on the inconsistency of the period of residence as declared
by Boniel in his COC and in his voter's registration record.
Garcia's
petition argued that Boniel made a false representation in
his COC.
According
to the Comelec, even granting the respondent's representation
about his period
of residency in Bien Unido, is false, "we cannot consider
the same to be material misrepresentation" since whether
or not respondent (Boniel) has resided only in Bien Unido
for 10-years, such period equally qualifies him to run for
mayor of the municipality.
The
Comelec (First Division) was not persuaded in the argument
of petitioner that the period of residency of the respondent
started when he reactivated his voter's registration on August
15, 2006.
The
deactivation of the respondent's registration was due to his
failure to vote in the two immediately preceding successive
elections which is "not synonymous to respondent's abandonment
of his residency in Bien Unido," the resolution stated.
Similarly,
the First Division also dismissed for lack of merit another
petition filed by Garcia against Bien Unido newly-elected
kagawad Alejo Boniel.
The
petition was also based on Boniel's alleged lack of one-year
residency in the town.
MIGRIÑO
CASE
Another
petition decided by the Comelec, this time by the Second Division,
is the nullification of the candidacy and to declare Dauis
mayoralty aspirant Victor Migriño a nuisance candidate.
The
petition filed by Victorio Migriño, was granted by
the Comelec.
Victor
Migriño, according to petitioner Victorio Migriño,
adopted the nickname "Manoy Dado" instead of the
usual "Vic" by which he is normally known.
The
resolution stated that the COC of Victor is "telling
evidence of his lack of capacity to wage a legitimate political
campaign, much less for the position of municipal mayor."
Victor
Migriño stated in his COC that he is employed as "family
driver" which, the Comelec said, could not provide him
with sufficient means needed for a legitimate political campaign
as he is not also a member of a political party.
The
respondent's use of a deceptively similar name will result
to the confusion of voters, the Comelec said.
The
resolution, declaring Victor Migriño a nuisance candidate,
was granted by the Commission last May 14, 2007.
OTHER
PETITIONS
A
similar decision was promulgated by the Comelec First Division
last May 10, 2007 declaring Pres. Garcia mayoralty candidate
Angel Boyboy a nuisance candidate. The petition was filed
by new mayor elect Tesalonica Boyboy.
Meanwhile,
the petition to disqualify congressional bet Rene Relampagos,
filed by lawyer Salvador Diputado, was also denied by the
Comelec First Division for "utter lack of merit."
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