For lack of residency Ronald Cuenco is disqualified

CEBU, Philippines - The Commission on Elections has disqualified one of the candidates for councilor of the Bando Osmeña Pundok Kauswagan for being a permanent resident abroad and lacking of the residency requirement.

The Comelec second division yesterday granted the petition for disqualification filed by opposition candidate for councilor Rajeni Dy against Ronald Cuenco on the ground of false material representation in his Certificate of Candidacy.

The nine-page decision penned by Commissioner Nicodemo Ferrer however dismissed the same petition against Cebu City first lady Margot Osmeña, who is also running for the city council, for lack of merit.

“The petition to deny due course to and or cancel the Certificate of Candidacy of respondent Cuenco is hereby granted while that of respondent Osmeña is hereby dismissed,” read the Comelec resolution.

The Comelec has ordered that the name of Cuenco be stricken off the list of official candidates for the position of Sangguniang Panlungsod member of Cebu City’s South District.

Dy, a 30-year-old candidate for councilor under the Laban ng Demokratikong Pilipino, sought the disqualification of Cuenco and Osmeña on the ground that they are permanent residents of the United States of America being green card holders.

Dy accused them of false representation when they filed their COCs because they did not admit that they are permanent residents abroad. Cuenco and Osmeña claimed they have already denounced their residency abroad.

They have submitted copies of documents to prove that they have denounced their residency abroad. Cuenco said he denounced his American Citizenship on November 24, 2009 while Osmeña denounced hers on July 5, 2007.

However, the Comelec said Cuenco failed to prove that he has indeed abandoned his permanent residency abroad.

“He has nothing to show as proof except a photocopy of the alleged abandonment. Thus, we cannot just rely on this.”

It added that even granting that Cuenco really abandoned his permanent resident status in the United States he still fell short of the one-year residency requirement under Section 39 of the Local Government Code.

“He failed to satisfy the one year residency requirement,” the Comelec ruled.

 On the other hand, the Comelec ruled that Osmeña has proven that she has waived her permanent resident status in the U.S. and that she has then resided in the Philippines for more than one year prior to the May 10 elections.

Although Osmeña also submitted photocopied documents, but the Comelec took it as authentic because she had been issued a Visitor Visa.

Cuenco’s lawyer, Cebu City Councilor Eduardo Labella, said they will immediately file a motion for reconsideration within five days as soon as they receive a copy of the resolution.

Labella said he is confident that the Comelec will reconsider its decision, because they have documents to prove that Cuenco is a registered voter in Cebu City since December 2008.

According to Labella, they have certification from the Comelec to prove their claim. — with Rene U. Borromeo/NLQ   (FREEMAN NEWS)