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VOL. LIII No. 063
City of Tagbilaran, Bohol, Philippines
Sunday, December 28, 2008
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Jalad installed new Alburquerque mayor


NEW ALBUR MAYOR. Alburquerque Vice Mayor Cirilo Jalad, who is physician by profession (right) takes his oath of office as the new Albur mayor town before DIL7 Regl Director Pedro Noval, Jr. at the town hall last Thursday. He replaced Mayor Jose Ugdoracion, Jr.
 

The Department of Interior and Local Government (DILG) swore into office Thursday a new mayor in the town of Alburquerque implementing a ruling of the Commission on Elections (Comelec) which disqualified the elected mayor, Jose Ugdoracion Jr., as a candidate in the May 2007 elections.

Ugdoracion won as mayor although the Comelec cancelled his certificate of candidacy (COC) on May 8, 2007, or barely six days before the elections on May 14, 2007.

Dr. Cirilo Jalad, who was elected vice mayor, was sworn as mayor 3:30 p.m. Thursday by DILG Region 7 Director Pedro Noval Jr. and DILG provincial head Rustica Mascariñas.

Noval likewise swore into office the new vice mayor, Rene Buates, who was the town's first councilor.

There was no resistance from supporters and the staff of Ugdoracion who was at the municipal hall when the DILG memorandum signed by Sec. Ronaldo Puno was served by Noval.

BACKGROUND

Ugdoracion was disqualified by the Comelec after he was found holding a green card or a certificate indicating his permanent residence in the United States ..

However, Ugdoracion's name was not omitted from the list of candidates for mayor after he filed an appeal at the Comelec en banc on the said ruling.

The case stemmed from a petition filed by Ugdoracion's mayoralty opponent in the May 2007 elections, Ephraim Tungol.

   

The Comelec's decision was affirmed by the Supreme Court en banc on April 18, 2008.

Ugdoracion stated in his COC that he had resided in Albuquerque for 41 years before the May 14, 2007 elections and that he is neither a permanent resident nor an immigrant to a foreign country.

But records show that he became a permanent resident of the USA on Sept. 26, 2001.

The United Sates Immigration and Naturalization Services issued him Alien Certificate No. 047-894-254.

In the decision, the Comelec cancelled Ugdoracion's COC for material misrepresentation, stressing that a Filipino citizen's acquisition of a permanent resident status abroad constitutes an abandonment of his domicile and residence in the Philippines ..

In short, the green card status in the USA is a renunciation of ones status as resident of the Philippines , the Comelec added.

It also noted that the evidence presented by Ugdoracion that had abandoned his permanent resident status, dated Oct. 18, 2006, was a mere application and does not bear any note of approval by the concerned US official.

It added that assuming that application was duly approved, Ugdoracion is still disqualified as he failed to meet the one-year residency requirement.

The Comelec also stressed that even if Ugdoracion had won in the last May 2007 election, it did not absolve his violation of election laws.

Ugdoracion served as municipal councilor from 1986 to 1998 and later as mayor before he went to the US .

NEW MAYOR

Jalad said in an interview that was not able to confirm the DILG memorandum for him to assume as mayor until Thursday afternoon.

In his memorandum, Sec.. Puno said that by rule of succession under the Local Government Code, the vice mayor will be sworn in as mayor following the Comelec en banc resolution.

Shortly after Jalad's oath taking, the new vice mayor, Buates, was also sworn into office.

LEGAL REMEDIES EXHAUSTED

When called for comment, Ugdoracion said he knows the order from the DILG is forthcoming as all the legal remedies have been exhausted by his lawyers
Ugdoracion said he willingly stepped down and vacated his office in order to give way for a peaceful turnover to Jalad, who was his running mate in the last election.

Although he accepted his fate, the former mayor said there is still injustice in the process as he cited several similar cases which until now have remained undecided by the Comelec or the courts.


 
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