Author Topic: Maribojoc Mayor survived disqualification case  (Read 1712 times)

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Maribojoc Mayor survived disqualification case
« on: June 18, 2007, 01:56:24 PM »
By Fred Fuertes

THE Commission on Elections (Comelec) recently junked the disqualification case filed against Maribojoc Mayor-Elect Leoncio "Boy" Evasco Jr.

The case stemmed from a petition-complaint filed last April 14, this year, by Lakas mayoralty candidate Philip Medequiso, questioning the residency requirement of the newly-elected chief executive.

Medequiso averred that Evasco lacked the one-year residency period to qualify for a local elective post as mandated by the Constitution and the Omnibus Election Code.

Evasco challenged the mayoralty bid of Vice-Mayor Mediquiso during the last electoral exercise and won by a wide margin. Evasco polled 5,572 votes while Medequiso settled for 3,663 votes.

In his answer, Evasco countered that he is a registered voter of Maribojoc, as he filed his application for transfer of registration on April 7, last year, and the one-year period is reckoned not from the date of approval but from the time the application was made.

Acting thru counsel lawyer Jovito Jabines, he further argued that though he has resided in Davao, the same was temporary as he has maintained his domicile in Maribojoc town.

He was born in the coastal municipality and he owns a house there inherited from his parents.

Moreover, Evasco has been paying his water and electric service fees since year 2000 as well as the real property taxes of his properties in the municipality.

Penned by Commissioners Florentino Tuazon Jr., Rene Sarmiento and Nicodemo Ferrer of the second division of the Comelec, the Comelec Resolution promulgated last May 24, upheld and gave due credence to the manifestations of Mayor-Elect Evasco.

The electoral body averred that "there was no material misrepresentation nor was there any attempt to mislead the electorate as to the true status of the respondent's qualifications as a candidate for the position he is running for."

Citing the principle of "Animus Revertendi" and "Animus Manendi", the intention to return, the Commission maintained that the original domicile of Mayor-Elect Evasco is Maribojoc while his residence in Davao City is just a "temporary sojourn" for purposes of pursuit of a profession.

The purpose of the law on the residency requirement is to ensure that the person elected is familiar with the needs and problems of his constituency, the Comelec decision stressed.(Bohol Sunday Post, 6/17/2007)

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Re: Maribojoc Mayor survived disqualification case
« Reply #1 on: June 18, 2007, 02:25:11 PM »
Oh yeahhhhh.. umabot pala sa ganitong sitwasyon..tnx mike im belong this town..at mga friends nako ni sila.. fred fuertes also from the same town

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