Comelec junks petition to disqualify Sogod bet

CEBU, Philippines - The Second Division of the Commission on Elections has dismissed for lack of merit the petition filed by a mayoralty candidate of Sogod town asking the disqualification of re-electionist Mayor Lissa Marie Durano claiming that she is not a resident of the town.

The 14-page decision was handed down by presiding commissioner Nicodemo Ferrer and commissioners Lucenito Tagle and Elias Yusoph.

Axienas Montecillo asked the Commission on Elections central office to disqualify Durano from the mayoralty race, claiming that Durano was not a resident of Sogod.

Montecillo, the mayoralty candidate of the Pwersa ng Masang Pilipino party and her lawyer Ernesto Rama lodged her petition against Durano last Dec. 10.

Montecillo asked the Comelec to disqualify Durano on the ground that she is not a resident of the town and therefore failed to fulfill the one-year residency requirement.

According to Montecillo, Durano does not live or rent in the address she declared in her Certificate of Candidacy or own a house in the said municipality, a violation of Section 74 of the Omnibus Election Code.

On January 11, 2010, Durano submitted her answer and said that she is a native and bona fide resident of Barangay Poblacion, Sogod.

Durano attached several documents in her answer to prove that she is a resident of the said barangay and therefore has complied with the residency requirement. She said she has lived there for eight years and six months.

Durano further said that she is the incumbent mayor of the town of Sogod after succeeding Thaddeus Durano under the rule of succession provided in the Local Government Code.

The Comelec 2nd Division said that the evidence presented by Montecillo does not prove Durano failed to comply with the one-year residency requirement.

Aside from the eight affidavits, the Comelec said there is no substantial evidence presented by Montecillo to prove her case.

The totality of evidence presented by Montecillo miserably failed to prove that there is indeed a material misrepresentation by Durano, the commissioners said. — Jose P. Sollano/BRP (THE FREEMAN)