Mayor-elect Jose Ugdoracion can assume as the newly elected mayor of Alburquerque town despite the pending disqualification case filed against him.
This was the categorical statement by the Commission on Elections as embodied in Comelec Resolution No. 8062 which sets policy guidelines in proclaiming bets with pending cases.
It may be recalled that Ephraim Tungol, Ugdoracion's main rival in the mayoralty race, filed a motion for the suspension of the mayor-elect's proclamation last May 8, immediately after the Commission's First Division promulgated its ruling that nullified the candidacy of Ugdoracion.
During an interview with the Chronicle, Ugdoracion expressed confidence that the "sovereign will of the people of Albur will be upheld" as the Comelec en banc will now decide on the motion for reconsideration filed by his lawyers last May 11.
The comebacking mayor said the First Division's resolution, which is not yet final and executory, has only caused confusion among Albur residents and his supporters.
Political rivals, according to Ugdoracion, use the ruling to spread rumors that he could not assume as town mayor come June 30.
Even the en banc decision could be elevated to the Supreme Court for final ruling, which could take years, according to Ugdoracion.
He cited a similar case of Lila's three-term Mayor Telesforo Balagosa, whose disqualification case until now is pending at the high tribunal.
The case was filed by Balagosa's opponent since the 2004 elections and even gave another opportunity for the incumbent mayor to seek re-election in the recent polls.
Comelec Resolution 8062 provides that "There shall be no suspension of proclamation of winning candidates with pending disqualification cases, before or after elections, involving issues of citizenship, non-residency, not being a registered voter, nuisance candidate, and/or violation of the election laws under Sec. 68 of the Omnibus Election Code, Fair Elections Act and other related election laws."
(Kit Bagaipo, Bohol Chronicle, 6/3/2007)Linkback:
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