Recall vs Boy Durano: Comelec junks motion for recon

CEBU, Philippines -The Commission on Elections (Comelec) En Banc denied for lack of merit the motion for reconsideration filed by Danao City Mayor Ramon “Boy” Durano Jr. assailing the findings of the commission whichgave due course to the petition for recall filedagainst him by his brother, Vice Mayor Ramon “Nito” Durano III and members of the City Council.

The seven-page decision of the Comelec En Banc was dated December 13, 2011 and signed by Comelec Chairman Sixto Brillantes and six commissioners.

On July 4, 2011 Vice Mayor Durano and members of the Council initiated the petition for recall against Mayor Durano for loss of trust and confidence. They alleged that Mayor Durano was in “gross violation and utter disregard of the democratic principle and basic precepts of good governance, committed sins of omission against the residents of Danao City.”

The Comelec En Banc on July 26, 2011 certified that the petition was sufficient.

In his motion for reconsideration, Mayor Durano claims that Vice Mayor Durano and members of the Council violated the law on recall elections by initiating the recall within one year from the date of his assumption of office as city mayor.

In opposing that motion, Vice Mayor Durano and the councilors moved for its denial on the grounds that the motion was not verified as required by law, while their petition for recall is sufficient in form and substance and has fully complied with the requirements set forth under Comelec Resolution No. 7505.

The Commission said that the argument of Mayor Durano that the instant petition to recall could only be initiated one year after his assumption into office as mayor “does not find any support in jurisprudence.”

The commission reiterated its earlier findings that the petition for recall is sufficient and has complied with the rules.

In a last ditch effort to convince the Commission to drop the recall petition, Mayor Durano opined that the National Statistics Office’s (NSO) certification should contain a specific statement that the voting population of Danao City consists of persons who are “eighteen years old and above”.

“We cannot subscribe to such an interpretation which is nothing but a superfluous statement. Voting population refers to registered voters or those who are eighteen years old and above. Hence, it is totally unnecessary to require the NSO certification to contain such statement,” read the resolution of the Comelec En Banc. — (FREEMAN)