THE Supreme Court (SC) on Tuesday stopped the Commission on Elections (Comelec) from implementing its resolution which canceled the certificate of candidacy of Lipa City Mayor Meynardo Sabili on the ground of lack of residency.
The Court found merit to grant Sabili’s motion for the issuance of a status quo ante order during its regular en banc session.
In a resolution, the Court also directed the Comelec to comment within a nonextendible period of 10 days on Sabili’s petition seeking to declare as null and void the August 17, 2010, resolution of the poll body having been issued in violation of his right to due process.
The Comelec, in its August 17 resolution, affirmed the resolution released by its Second Division on January 26, which granted the petition filed by a certain Florencio Librea seeking the cancellation of his certificate of candidacy for the mayoral post for alleged lack of residency.
Sabili, through his lawyer Romulo Macalintal, argued that the Comelec failed to comply with its own Rules of Procedure when it promulgated the resolution without prior notice to the parties as required under Section 6 of Comelec Resolution 8696.
The said provisions specifically states: “The promulgation of a decision or resolution of the Commission or a Division shall be made on a date previously fixed, notice of which shall be served in advance upon the parties or their attorneys personally, or by registered mail, telegram, fax or through the fastest means of
communication.”
Sabili also stressed that the proclamation and assumption to office of the winning candidate ends all summary proceedings for disqualification and commences the full-blown trial in a regular court proceedings where evidence could be presented and verified by the parties and the court.
Sabili was proclaimed as the duly elected mayor of Lipa City in the May 10 elections after getting 55,268 votes as against the 48,825 votes of his sole rival, Oscar Gozos, then-Lipa City mayor and a two-term congressman of the Fourth District of Batangas.
Macalintal said Gozos did not file an election protest, which means his client’s victory is “undisputed and unassailable.”
In his 45-page petition for certiorari, Sabili said he was surprised when the poll body issued the resolution on the basis of the petition filed by Librea, who resides in barangay Calamias, Lipa City, which is 15 kilometers from Pinagtong-ulan, Lipa City, where the elected mayor resides.
Sabili added that the poll body issued the assailed resolution despite certification issued by Dominador Honrade, the barangay captain of barangay Pinagtong-ulan, that he has been a resident of the barangay since 2007.
Aside from the certification issued by Honrade, Sabili said the Comelec ignored other documents he submitted to prove his residency, such as certificate of appreciation issued by the Parish of Santo Niño in barangay Pinagtong-ulan; his designation as member of the advisory body of Guardians Brotherhood Inc. San Jose-Lipa City Chapter since January 2, 2009; and the voter certification issued by lawyer Juan Aguila Jr., the election officer of Lipa City, showing that he is registered voter of Precinct 407A of the said barangay.
Sabili also submitted his application for transfer of registration record owing to change of residence filed with the Comelec on Jun Sabili also submitted his application for transfer of registration record due to change of residence filed with the Comelec in line with his transfer of residence to barangay Pinagtong-ulan, Lipa City and his income tax returns for the years 2007 and 2008 which proved that he paid his taxes in Lipa City starting 2007.
