By Bohol Chronicle
Arthur Cua Yap - "adopted son of Loboc" is a bona fide resident of barangay Buenavista, Loboc, Bohol - thus declared the Comelec 2nd Division in a unanimous resolution dated January 31, 2011.
The resolution dumped the Motion for Reconsideration (MR) filed by the Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on a previous decision dated May 13, 2010 scraping the disqualification case filed by the militant fisherfolk group.
Yap , running for a congressional seat in the 3rd district under Lakas CMD was elected unopposed in the 2010 National and Local Elections but was hit by a disqualification case for lack of residency.
Pamalakaya alleged that Yap never complied with the Constitutional residency requirement of one year for candidates of the House of Representatives.
But the poll body said that Yap met the requirements for the one year residency as mandated by Article V, section 6 of the Constitution and was eligible to run for congressman.
Citing Yap's countless visits to LGUs in Bohol and the 3rd district, meetings with local government officials and consistent attendance in barangay assemblies prior to the 2010 elections - demonstrated a strong desire to "integrate himself in the community".
The Comelec noted that as early as 2007 Yap was readying himself for his eventual transfer to Loboc.
But even earlier, 2005 Yap, in recognition to his contributions to the community was accorded the honorary title of "adopted son of Loboc. Bohol thru Resolution 131 adopted October 24, 2005.
The Comelec also pointed out that the purchase by Yap of the house of his mother in law located in Buenavista, Loboc was further proof that he was bent on residing in Bohol.
Yap is married to the daughter of Annie Gow of Buenavista, Loboc.
Admitting that owning a property in a community is not proof of domicile, the Poll body stressed that the purchase of the house in Buenavista strengthened his "foothold" in the community.
Pamalakaya also claimed that Yap could not present proof that he effectively abandoned his "domicile of origin" in Pasig and transferred his residence in Loboc for at least a year.
But the Comelec said that according to the law, a candidate is not required to divest all of his properties and interest attached to his previous domicile.
The Poll Body further said that Yap's staying in his residence in Pasig during his stint as Agriculture secretary must not be construed as "indication of non abandonment of his previous domicile".
Reached for comment, Yap thanked the Comelec for the resolution. "This victory is for the people of the 3rd district of Bohol whom I have faithfully continue to serve from day one of my term".
Yap also extended his hand to Pamamalakaya to partner and constructively engage the fisherfolks in Bohol for the development of the fishing sector.
Yap won by an overwhelming majority of 72.8% of the total votes cast in the nineteen towns of the 3rd district of Bohol.
The Comelec 2nd Division is composed of Nicomedes Ferrer as head, Elios Yusoph and Lucenito Tagle as members. (CMV)
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