Comelec disqualifies Lipa City mayor

LIPA CITY, Batangas, Philippines – The Commission on Elections unanimously affirmed the Second Division’s resolution for the disqualification of Maynardo Sabili in the May 2010 mayoralty race in Lipa City for lack of residency.

In a seven-page Comelec resolution dated Aug. 17 signed by Commissioners Rene Sarmiento, Nicodemo Ferrer, Lucenito Tagle, Armando Velasco, Elias Yusoph, Gregorio Larrazabal and certified by Chairman Jose Melo, the Commission unanimously denied the motion for reconsideration filed by Sabili, seeking the reversal of the Jan. 26, 2010 Second Division’s decision.

Sabili’s disqualification stemmed from a petition filed by a certain Florencio Librea which was granted by Second Division Commissioners Ferrer, Tagle and Yusoph. Librea sought the cancellation of the certificate of candidacy of Sabili when the latter filed his candidacy on Dec. 1, 2009, claiming that Sabili is not a resident in Barangay Pinagtong-ulan and a registered voter of Precinct 407, as stated in his certificate.

According to Librea, Sabili is a resident of San Juan, Batangas and failed the one year residency requirement in the place where he intends to serve, as required in Section 39 of Republic Act 7160, Local Government Code.

Sabili was disqualified by the Second Division on Jan. 26, 2010 but was able to run in the May 10 elections pending the decision of his motion for reconsideration in the Comelec.

He won by garnering 55,268 votes against incumbent mayor Oscar Gozos with 48,815 votes.

For his part, Sabili claimed that he is a resident of Lipa City since April 2007 when he acquired a house and lot in Barangay Pinagtong-ulan and began living there with his common-law wife Bernadette Palomares and their two children.

He presented a certification from Chairman Dominador Honrade of Barangay Pinagtong-ulan attesting the residency of Sabili in the said barangay.

Sabili was likewise able to secure affidavits from Leila Suarez, the former owner of the respondent’s house, narrating the sale of the property in April 2007.

Additionally, he also submitted certifications from the Parish of Santo Niño of Barangay Pinagtong-ulan, a membership certification from the Lipa Chapter of Guardians Brotherhood, Inc, income tax returns for the year 2007-2008 and voters certification from Comelec.

However, the Comelec found that the Second Division fully appreciated the evidence presented by both parties and correctly found Sabili disqualified for failing to comply with the one year residency requirement.

In an interview with The STAR on Wednesday, Sabili said they will file a temporary restraining order or a certiorari to the Supreme Court as soon as they receive a copy of the comelec resolution.