Comelec unseats Albay lawmaker over citizenship

MANILA, Philippines – The Commission on Elections (Comelec) has upheld the ruling of its Second Division unseating Albay third district Rep. Fernando Vallejo Gonzalez for failing to prove that he is a natural born Filipino citizen.

In an 11-page resolution, the Comelec nullified Gonzalez’s proclamation, saying it was “clear” that he is still a Spanish citizen, “hence not qualified to be a candidate for any public position in the Philippines that requires Philippine citizenship.”

“Clearly, therefore, there is no taint of doubt that with the resolution of the Second Division disqualifying the respondent, his proclamation was premature and illegal and should therefore be annulled,” the poll body said.

Gonzalez’s disqualification was sought by petitioners Stephen Bichara and Rene Lim who said that while Gonzalez’s mother is a Filipino, his father is Spanish and that he was born in Spain on Sept. 11, 1940, making him a Spanish citizen.

The Comelec ruled that Gonzalez failed to comply with the Alien Registration Act of 1950 (Republic Act 562 as amended) and its regulation governing the registration of aliens.

It said Gonzalez’s late registration of his certificate of live birth in the civil registry of Ligao, Albay in January 2006 “is clearly an indication that the respondent did not register the oath of allegiance and the sworn statement of election to the civil registry.”

Reacting to the Comelec ruling, House Majority Leader Mandaluyong Rep. Neptali Gonzales said that as far as the chamber is concerned, Gonzalez is still a member of Congress.

He said Gonzalez was included in the roll call at the opening of the 15th Congress on Monday and that he was sworn in as the representative of the third district of Albay.

He said Gonzalez has filed a motion for reconsideration before the courts so the chamber will wait until the final ruling on his case is handed down.

“As of now, he (Gonzalez) is still a member of the House and will continue to discharge his duties as such,” Gonzales said in a telephone interview.

He said he was not sure whether the House of Representatives Electoral Tribunal would tackle the case.

The HRET would work on a protest if a complaint is filed, he added.

Gonzalez could not be reached for comment. – Sheila Crisostomo, Paolo Romero