Richard's announcement on substitution premature, says Comelec official

MANILA, Philippines - An official of the Commission on Elections (Comelec) said yesterday that it was “premature” for actor Richard Gomez to announce that he will be replaced by his wife Lucy Torres in the congressional race in the fourth district of Ormoc, Leyte.

In an interview, Comelec Commissioner Gregorio Larrazabal said he is not familiar with the circumstances surrounding the substitution case but stressed there are three grounds where a candidate could do so.

“A disqualified, dead or permanently incapacitated candidate can be substituted by another individual as provided in the rules. Now, the question is, is he a disqualified candidate?” Larrazabal said.

Larrazabal added that the Comelec is scheduled to rule on the disqualification case filed against Gomez by one Buenaventura Juntilla for failing to comply with residency requirements.

Juntilla, a resident and registered voter of Precinct No. 0209A, Barangay Libertad, Ormoc City, said in his petition filed before the Comelec last February that Gomez made a blatant misrepresentation in his certificate of candidacy when he stated that he is a resident of 910 Carlota Hills, Ormoc City.

In his certificate of candidacy filed last Nov. 30, Gomez stated his place of birth as Manila and that he was born on April 7, 1966. Juntilla, assisted by lawyers Francisco Sibayan and Princess Principe, said Gomez is a bona fide resident of Colgate St., East Greenhills, San Juan City and has not resided in Ormoc.

Last February, the Comelec’s First Division had approved the disqualification case but Gomez filed a motion for reconsideration and this will be the subject of next week’s promulgation.

Larrazabal said the announcement was “premature” since Gomez’s disqualification case has not been resolved with finality.

Told by reporters that Gomez simply wanted to back out and no longer wait for the promulgation, Larrazabal said the deadline for filing a withdrawal was in December 2009.

“You cannot withdraw. The deadline is over. That should have been done last December 14. If you wanted to withdraw and be substituted, the deadline was last December 14,” Larrazabal said, referring to Gomez.