MikeLigalig.com

By Fred C. Amora

What happens if after winning in the last May 14 elections, a candidate is declared by the Commission on Elections as ‘disqualified’ canceling his or her certificate of candidacy?

The Provincial Comelec office said these disqualified but winning candidates “can still assume office” starting June 30 until their cases reach resolution with finality.

The policy however shall be without prejudice to the continuation of the hearing and resolution of the involved cases.

Cited was Comelec Resolution No. 8063, promulgated on May 26, 2007 entitled: “In the matter of reiterating Comelec Resolution No. 8062 promulgated 18 May 2007 particularly the policy guidelines on the proclamation of winning candidates with pending disqualification cases.”

The resolution stated: The Commission in upholding the sovereign will of the people and in the interest of justice and fair play, RESOLVED as it is hereby resolves to adopt the following policy-guidelines in connection with the May 14, 2007 National and Local Elections: “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 Section 68 of the Omnibus Election Code, Fair Elections Act and other related election laws.”

A case in point is mayor-elect Jose Ugdoracion Jr. of Alburquerque.

His rival, Ephraim Tungol, son of outgoing mayor Efren Tungol, filed a petition to cancel Ugdoracion’s certificate of candidacy (COC) in SPA Case No. 07-042, alleging that respondent (Ugdoracion) “intentionally made material misrepresentation in his COC, he being granted a permanent residency status in the United States of America.”

The petition claimed that Ugdoracion violated the “residency requirement mandated under Section 39 of the Local Government Code and the Omnibus Election Code.”

The Comelec First Division granted Tungol’s petition by issuing a Resolution “canceling” Ugdoracion’s certificate of candidacy on May 8, 2007.

Mayor-elect Ugdoracion however said he certainly will take his seat as the new mayor of Albur comes June 30. “All these are acts of political harassment.”

He also expressed confidence the Comelec will reconsider its resolution saying that he has long surrendered his US green card and the matter is a “dead issue.”

The decision was rendered by the First Division and is now elevated for reconsideration to the Comelec en banc. The Comelec en banc decision could in turn be elevated to the Supreme Court for a final ruling.

Another identical case is that of Guindulman mayor-elect Ma. Fe Añana-Piezas that remains unresolved up to this time. She is also facing a disqualification case arising from her long stay in the United States and as holder of a dual citizenship which disqualifies anyone running for any elective position under the Omnibus Election Code and the New Local Government Code of 1991 (RA 7160).

Mayor-elect Piezas, in a phone interview, said she is confident these issues will be resolved in her favor and that she can serve the constituents of her town starting June 30.

She told the Bohol Standard that the US Consular Office in Manila has already issued a certification that she “applied to renounce her American citizenship” on March 27, 2007 or two days before the deadline for filing of certificates of candidacies for local bets.

She ran as official candidate of the ruling Lakas-CMD party with provincial standard bearer reelected Gov. Erico Aumentado.

Political observers, meanwhile, recalled with reservation the “costly” experience of Batuan mayor-elect Gregoria Pepito who won in the May 2004 elections over incumbent Sixto Dano.

The Comelec ruled that Pepito was “not a qualified candidate” on question of residency, having stayed in the United States for a specified period of time. Despite being proclaimed and had assumed the position for over three months and after spending in countless rounds of legal battles up to the highest court, Pepito eventually lost her mayoralty post.

The Comelec ruling was upheld with finality that Dano was the elected mayor of Batuan being the “only qualified candidate” for mayor during that May 2004 elections.

Pepito however made a stunning comeback in the just concluded May 14, 2007 elections; this time with no more questions of her qualification as a candidate.

She was again elected mayor of Batuan trouncing her closest rival, a former town mayor and councilor Necitas “Bebe” Dumagan. (The Bohol Standard - 6/3/2007)

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