 
UGDORACION, TUNGOL |
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The
Commission on Elections (Comelec) has declared Albur Mayor-elect
Jose Ugdoracion "disqualified as a candidate"
in the May 14 elections and has directed the Department
of Interior and Local Government (DILG) to implement its
ruling.
In a resolution promulgated last September 28, the Comelec
en banc upheld the decision of its First Division nullifying
the certificate of candidacy (COC) of Ugdoracion due to
lack of one-year residency requirement under Sec. 29 of
the Local Government Code. |
Meanwhile,
it's still unclear who has the legal personality to assume
as new mayor if Ugdoracion's nullification will be implemented
by the poll body, whether it's Vice Mayor Cirilo Jalad or
Ephraim Tungol, son of the former mayor, who garnered the
second highest number of votes in the mayoralty race.
Ugdoracion
flew to Manila yesterday morning to confer with his lawyer
in filing a petition for certiorari at the Supreme Court.
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It
may be recalled that the Comelec First Division cancelled
the candidacy of Ugdoracion last May 8 (barely five
days into the elections) due to a petition filed by
mayoralty bet Ephraim Tungol.
Ugdoracion
filed a motion for reconsideration for the commission's
en banc to review the ruling and consequently won the
mayoralty race over Tungol.
The
en banc resolution re-stated the First Division finding
that Ugdoracion has committed false material representation
in his COC.
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According
to the Comelec ruling, "As clearly indicated in the Abandonment
of Lawful Permanent Status, the respondent (Ugdoracion) surrendered
his permanent resident status of the United States only on
October 18, 2006 and it was only that time that he reacquired
his residence status in Albur."
It
is only eight months from surrendering his permanent resident
status to the May 14, 2007 elections, the resolution stated.
The
en banc decision quoted a Supreme Court ruling in the case
of Caasi vs. Court of Appeals "that immigration to the
United States by virtue of a 'greencard', which entitles one
to reside permanently in that country constitute abandonment
of domicile in the Philippines."
Ugdoracion
could not be considered a resident of Albur prior to his abandonment
of permanent resident status in the United States, the Comelec
decision stated.
The
Comelec said "there is no question that the respondent
(Ugdoracion) was born in Albur and has in fact served [as
its] mayor and councilor for almost 12 years.
"It
is unfortunate however to note that respondent has acquired
permanent residency in the United States of America as immigrant
in 2001, a fact which he categorically admitted in his pleadings,"
the Comelec cited.
The
en banc resolution stated further that, following the Caasi
case, "in order to reacquire residency in the Philippines,
there must be waiver of status as a greencard holder as manifested
by some act or acts independent of and prior to the filing
of the certificate of candidacy."
Ugdoracion,
having presented a photocopy of an Abandonment of Lawful Permanent
Resident Status (dated October 18, 2006), "cannot be
considered as sufficient waiver" of his permanent residency
in the Philippines, the ruling stated.
According
to the Supreme Court, the Permanent Resident Card (or the
so-called greencard), which is issued by the US government,
"does not merely signify transitory stay in the USA for
purposed of work, pleasure, business or study but to live
there permanently."
This
is the reason why the law considers immigrants to have lost
their residency in the Philippines, the Comelec said.
WHO
WILL BE MAYOR?
In
an interview with the Chronicle, DILG legal officer Atty.
Emeterio Moreno said the Comelec has to issue a writ of execution
before they could effect the en banc judgment.
Moreno
said the document will also decide on the issue whether candidate
and petitioner Tungol will take over as mayor or Vice Mayor
Jalad.
The
legal officer said he could not speculate on how the Comelec
will give course of action in implementing its decision. The
writ of execution will be issued by the Comelec upon request
of the petitioner.
However,
former mayor Efren Tungol, father of the mayoralty bet, said
in a separate interview over dyRD's "Inyong Alagad"
that Ugdoracion was never a candidate in the elections since
his COC was cancelled before the holding of the polls.
For
his part, provincial election supervisor Atty. Veronico Petalcorin
had a similar opinion with Moreno, saying it depends on the
Comelec en banc to finally decide on who will take-over as
mayor, whether the younger Tungol or Vice Mayor Jalad.
Petalcorin
added that Ugdoracion's proclamation as winner in the elections
could not have been prevented as the petition for his disqualification
was still reviewed by the en banc.
LEGAL
REMEDY
Moreno
said the only course of action Ugdoracion can take to hold
the implementation of the Comelec en banc decision is to file
a motion for certiorari at the Supreme Court.
There
is a possibility that the high court will issue a temporary
restraining order (TRO) to suspend to implementation of the
Comelec decision, Moreno added.
While
a petition for certiorari is filed at the high court, according
to Moreno, the Comelec judgement can be implemented in the
absence of a TRO.
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