Lipa mayor brings disqualification case to Supreme Court

MANILA, Philippines - Lipa City Mayor Meynardo Sabili has questioned before the Supreme Court a decision of the Commission on Elections (Comelec) disqualifying him from the mayoral election last May due to a citizenship issue.

In an 11-page urgent motion, Sabili asked the High Court to issue a temporary restraining order stopping the poll body from implementing its Aug. 17 resolution canceling his certificate of candidacy for alleged lack of required residence in the city.

Through lawyer Romulo Macalintal, he alleged that the Comelec committed grave abuse of discretion in affirming the Jan. 26 resolution of its second division that granted the disqualification case filed by a certain Florencio Librea despite his victory over rival Oscar Gozos.

Sabili argued in a separate 45-page petition that his proclamation and assumption to office ended all summary proceedings for disqualification and commences the full-blown trial in regular court proceedings where evidence could be presented and verified by the parties and the court.

He insisted that he is qualified for the position of Lipa City mayor and submitted as proof a certification issued by Dominador Honrade, the barangay captain of Barangay Pinagtong-ulan, that he has been a resident of the barangay since 2007. He said the Comelec ignored this.

While his rival did not challenge his qualification as a candidate, Sabili said he was surprised to learn that the Comelec’s second division issued a resolution disqualifying him on the basis of the petition filed by Librea, who resides in Barangay Calamias, which is 15 kilometers from Barangay Pinagtong-ulan where he has been a resident since 2007.

Aside from the certification issued by Honrade, Sabili said the Comelec ignored other documents he submitted to prove his residency such as the certificate of appreciation issued by the parish of Sto. Nino in Barangay Pinagtong-ulan; his designation as member of the advisory body of Guardians Brotherhood, Inc. San Jose-Lipa City Chapter since Jan. 2, 2009; and the voter certification issued by lawyer Juan Aguila Jr., the election officer of Comelec-Lipa City, showing that he is registered voter of precinct no. 407A of the said barangay.

He also submitted his application for transfer of registration record due to change of residence filed with the Comelec on June 6, 2009, which establishes that he transferred his voter’s registration in line with his transfer of residence to Barangay Pinagtong-ulan, Lipa City for more than one year prior to the May 10 elections; and his income tax returns for the years 2007 and 2008, which proved that he paid his taxes in Lipa City starting 2007.

The mayor added that the Comelec also erred when it held that he failed to comply with the one-year residency requirement based on the registration of his family’s home in Barangay Pinatong-ulan.

He said property ownership should not be relevant to the issue of residence, citing the case of Rep. Danilo Ramon Fernandez vs. House of Representatives Electoral Tribunal, where the Supreme Court held that “to use ownership of property as determinative of permanence of residence implies that only the landed can establish compliance with the residency requirement.”

On technical grounds, Sabili said the Comelec as a whole violated his right to due process since it promulgated the resolution without prior notice to the parties as required under Section 6 of Comelec Resolution 8696.

“In this case, the Comelec’s assailed resolution dated Aug. 17 was never set for promulgation in accordance with the provision of the Comelec’s own Resolution No. 8696. As such, the said resolution dated Aug. 17 cannot be recognized nor can it be the basis of any action or defense,” Sabili said.