Comelec: Bantayan mayoral bet can run

CEBU, Philippines - The Commission on Elections First Division has denied the petition to disqualify Orlando F. Layese as mayoral candidate of Bantayan, Cebu in the coming elections.

  In its decision promulgated last March 3, the Comelec said that it is not convinced by the argument of the petitioner, Danilo Alota, questioning the residency of Layese who is allegedly a permanent resident of California, USA already.

The Comelec explained that the fact that the certificate of candidacy of Layese was notarized and executed in California, USA is not a sufficient proof to convince them that he is no longer a resident of Bantayan, Cebu.

The poll body is likewise unconvinced by the argument of Alota that “under the pertinent laws of the State of California, only permanent residents of the said state may be issued with a driver’s license” because Alota failed to cite what these pertinent laws of the State of California are.

Last December 21, 2009, Alota filed a disqualification case against Layese, saying the latter is no longer a resident of Bantayan, Cebu since 2007 and is therefore not qualified to run for mayor in the said municipality.

Alota said the certificate of candidacy of Layese “is a mere scrap of paper” for having been subscribed before a person not authorized to administer oaths in the Philippines and that his CoC is likewise improperly filed as the alleged attorney-in-fact, Baldomero Dima-ala, is clothed with a defective special power of attorney notarized by a private lawyer in California, USA.

The petitioner anchors his arguments on the CoC of Layese which was notarized in Los Angeles, California using Layese’s California Driver’s License and was filed with the Comelec by virtue of a special power of attorney which was also executed in Los Angeles, California.

Alota concluded that Layese committed material misinterpretation, an accusation that was strongly denied by the latter.

According to Layese, he is not a permanent resident of California, USA but admitted that he is working there. He stressed that he is a natural born Filipino citizen, of legal age, and a registered voter of Barangay Binaobao, Municipality of Bantayan, Cebu.

Further, he stressed that his permanent resident is in Binaobao, Bantayan, Cebu and has been living there for 35 years already.

Layese further explained he is not a permanent resident or immigrant to a foreign country and he was even elected as SK chairman from 1993 to 1997 and as SB Member of Bantayan from 1998 to 2007.

Alota did not submit any proof to show that by working in California, USA Layese intended to abandon his residence in the Philippines.

On the contrary, Layese has always been a registered voter of Binaobao, Bantayan Cebu and has been going home for a few months despite having obtained work in California and has maintained his Philippine passport.

Layese’s lawyer, Escolastico Daitol said that they have all the while expected that Alota’s petition would be denied. — Johanna T. Natavio/WAB(FREEMAN NEWS)