MikeLigalig.com

Time is fast running out for beleaguered Albur sitting-mayor Jose Ugdoracion, Jr. as his counsels failed to file last week their motions to the Supreme Court for review and issuance of a temporary restraining order that will prevent his unseating as town mayor.

It was confirmed Friday that the camp of Ugdoracion is yet to file their motions tomorrow Monday, and this practically is “in the nick of time” since it is the fifth day, from receipt of the resolution, actually the last day of the prescribed period for such legal options.

The Comelec en banc earlier said it found no reason to reverse or alter the findings of the First Division disqualifying Ugdoracion to run as Mayor of Alburqureque, Bohol in connection of the May 14, 2007 Elections, for “lack of one year residency requirement.”

The Comelec en banc upheld the findings of the First Division, that cited the case of Caasi vs. Court of Appeals, 191 SCRA 229, wherein the Supreme Court ruled, “immigration to the United States by virtue of a green card, which entitles one to reside permanently in that country, constitute abandonment of domicile in the Philippines.”

Consequently, prior to October 18, 2006, the date of the (supposed) abandonment of his status as permanent resident of the United States, respondent is not for all intents and purposes be considered as a resident of Alburquerque, Bohol, This, respondent did not only make a material misrepresentation in his COC but also lacks the necessary residency requirement to run and be elected as mayor of Alburquerque, Bohol,” the Comelec en banc resolution said.

Ugdoracion in his defense, presented photocopy of a document entitled “Abandonment of Lawful Permanent Resident Status” dated Oct. 18, 2006. The document however discloses that it is a mere application for abandonment of his status as lawful permanent resident of the USA. It did not bear any note of approval by the concerned US official, unauthenticated and uncertified by the legal custodian of the document.

The Comelec en banc, pointed out that assuming arguendo that said application was duly approved, respondent is still disqualified for he failed to meet the one-year residency, since the date is just about seven (7) months prior to the May 14, 2007 elections.

--published by the Bohol Standard

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