Disqualified mayoral bet appeals Comelec ruling

PALAYAN CITY – Lakas-Kampi-CMD mayoral candidate Reynaldo Garcia, who was earlier disqualified by the Commission on Elections for lacking the residency status required by law, has filed a motion for reconsideration with the poll body, saying the ruling violated his right to due process.

In a 15-page verified motion for reconsideration filed with the Comelec’s First Division by his lawyer, Rainier Esguerra, Garcia said he only received a copy of the resolution disqualifying him on Feb. 17, the same day it was promulgated and so he was not afforded his constitutional right to due process.

Garcia took exception to the Jan. 11 order of the poll body submitting for resolution the disqualification case against him solely on the basis of the petition and evidence submitted by petitioner Bienvenido Ramos. 

The Comelec’s First Division, in a seven-page resolution promulgated on Feb. 25 cancelled the certificate of candidacy of Garcia and gave due course to the petition filed on Dec. 11, 2009 by Ramos, a resident of Palayan.

In his petition, Ramos sought the cancellation of the COC of Garcia, a reserved Air Force colonel, for containing material representation in stating he is a resident of Barangay Santolan here and a registered voter of Precinct 93-A. For purposes of circumventing the law, the petition said that Garcia filed his COC stating he is a resident of Santolan for six months already prior to the registration.

Ramos said Garcia failed to meet the one-year residency requirement prescribed by Section 39 of the Local Government Code. But Garcia said he moved back to Palayan in August 2008 after buying a house.

Ramos attached in his petition the voter’s certification in the name of Garcia, and certifications by the punong barangay of Santolan Teresita Sacbayen, city social welfare and development officer Pepito de Fiesta, city assessor Norma Saclolo and city engineer Cesar Estacio.