ALBUR MAYOR DISQUALIFICATION
Ugdoracion goes to Supreme Court
By: KIT BAGAIPO

UGDORACION

Albur Mayor Jose Ugdoracion makes a last ditch attempt to stop his imminent ouster after the Comelec en banc declared him "disqualified as a candidate" in the May 14 elections. The Albur mayor-elect immediately conferred with his lawyers in Manila Wednesday right after receiving the en banc resolution which upheld the decision of its First Division which nullified his Certificate of Candidacy (COC) and ordering the Department of Interior and Local Government (DILG) to strip him of the town's mayoralty. Ugdoracion told the Chronicle yesterday that he will file a petition for certiorari with prayer for temporary restraining order (TRO) at the Supreme Court tomorrow, the last day for him to secure a restraining order so that he will not be unseated.

The mayor said he had the assurance of his Manila-based lawyers, one of whom is a prominent expert of election laws who represented Sen. Juan Miguel Zubiri in the last elections.

According to Ugdoracion, he is given five working days by the Comelec to secure a TRO after receiving the Comelec en banc resoulution which ends tomorrow.

If the high tribunal would issue a TRO tomorrow, hearings will immediately follow regarding the Comelec ruling.

Ugdoracion said that, "Worst case scenario, if the Supreme Court will not issue a TRO tomorrow, then I may be suspended as town mayor."

In the event no TRO is released by the high court tomorrow, petitioner and mayoralty bet Ephraim Tungol may file for a writ of execution at the Comelec.

EN BANC RESOLUTION

In its resolution promulgated last September 28, the Comelec en banc said Ugdoracion did not comply with the one-year residency requirement under Sec. 29 of the Local Government Code to qualify as mayoralty candidate.

The disqualification petition was filed by mayoralty bet Tungol.

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 said petition.

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.

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.