Disqualified Cuenco asks COMELEC to reconsider

CEBU, Philippines - The lawyer of Ronald R. Cuenco asked the Commission on Elections in Manila to reconsider its decision disqualifying his client from running as councilor of Cebu City for the reason that the latter is a registered resident and voter of the city.

In a seven-page motion for reconsideration, Cuenco’s counsel City Councilor Edgardo Labella argued that after his client abandoned his lawful permanent resident status in the United States last November 24, he cannot be prevented to seek for an elective position in the city’s south district.

Labella attached a copy of the Comelec’s certification showing that Cuenco was already a registered voter of Precinct 1370-B in barangay Guadalupe under Voter’s Identification No. 2217-1370B-G0564RRC10000-5 in the motion for reconsideration.

Rajeni Dy, who is also a candidate for councilor and the one who asked that Cuenco be disqualified as candidate has claimed that the son of South District Rep. Antonio Cuenco failed to comply with the one year residency requirement after he abandoned his permanent residency status in the United States.

But Labella said the government documents will prove that Cuenco has subsequently re-established his Philippine domicile and resident for more than one year prior to the May 10, 2010 elections.

According to Labella while it is admitted that Cuenco was a permanent resident of the United States of America, but it is indisputable that he stayed most of his time in the Philippines as shown in the records of departures and arrivals stamped on the pages of his passport.

After Cuenco had decided to run as councilor of the city’s South District under the Bando Osmeña Pundok-Kauswagan (BOPK) he applied at US Consular Office to abandon his green card because the law provides that any person who is a permanent resident or an immigrant to a foreign country shall not be qualified to run for any elective office, unless he abandon his green card.

Cuenco had already served the city as councilor from 1992 to 2001 before he left for the United States to take care of his children, who are studying there.

Dy’s lawyer earlier argued that while Cuenco and Mayor Tomas Osmeña’s wife Margot’s had applied for abandonment of their permanent resident status of the US, there are mere applications because it does not indicate that it was approved.

But Labella said that under the laws of the United States a voluntary abandonment of green card will take effect immediately upon signing thereof by a US Immigration or Consular official. As such, Cuenco and Margot automatically lost their permanent residency status in the United States.

Labella asked the Comelec to quickly resolve the case because the printing of official ballots is expected to start weeks from now. — Rene U. Borromeo/NLQ    (FREEMAN NEWS)