Second motion for reconsideration: Court fails to consider intent to reside - Salud

CEBU, Philippines - Boxing promoter and mayoralty aspirant Rex “Wakee” Salud is not giving up too soon his fight for residency in Cordova despite adverse decisions from the court.

Salud yesterday filed another motion for reconsideration before the Regional Trial Court in Mandaue City asking the court to allow him to register in Cordova.

This is the second motion for reconsideration that Salud has filed since RTC Branch 28 Judge Raphael Yrastorza upheld Municipal Circuit Trial Court Judge Jocelyn Uy- Po.

Po earlier ruled that Salud is not a bonafide resident of Cordova and is therefore not qualified to register as voter nor run for elective position in the 2013 elections.

Salud asked for reconsideration but was dismissed by Po. He appealed the decision before the RTC but was upheld by Yrastorza. Salud then filed a motion for reconsideration but was likewise dismissed.

But despite the dismissal, Salud persisted and filed another motion for reconsideration yesterday. Citing the same arguments, Salud through his lawyer Magnificus Cañete asked the court to allow him to register.

According to Salud, he was able to prove his physical presence in Barangay Cogon, Cordova where he claimed to be a resident of since June 2011. He added that the court failed to consider his intent to reside in the place as evident by his renting a house.

The court however during ocular inspection found that it is impossible for Salud to be living in the small rented house with only a small bed without a mattress.

Salud entered into a lease contract with a certain Gerardo Dinoy for the house which he claimed to be his residence in Cordova. A certain Vicente Dinoy questioned Salud’s residency.

Meanwhile, Integrated Bar of the Philippines Cebu City chapter president Earl Bonachita said that Comelec officials should maintain their neutrality.

Bonachita issued the statement following reports that Cebu City north district election officer Marchel Sarno was seen dining with Salud in a restaurant.

Bonachita said Comelec officials should refrain from giving legal advices to candidates.

“Comelec is supposed to be neutral or impartial in elections. Such act of legal advice might be interpreted by others as manifest bias or prejudice for or against or antagonism against any party or candidate,” Bonachita said.

Sarno however described his meeting with Salud as a “chance encounter” because he was there to meet his friend and basketball teammate lawyer Filmore Gomos.

Sarno also insisted that there was nothing irregular in the meeting because he has no influence over Cordova where Salud is a candidate.

“The case was in the RTC and not in the Comelec. In fact if the case was in Comelec it is the Comelec En Banc Manila who will resolve the issue,” he added. —/FPL (FREEMAN)