Supreme Court vows speedy resolution of disqualification case vs Zamboanga Sibugay governor

MANILA, Philippines - The Supreme Court has moved for the immediate resolution of the case involving the disqualification of Gov. Romel Apolinario Jalosjos of Zamboanga Sibugay over citizenship.

In a two-page full court resolution, the SC gave Jalosjos, the Commission on Elections, and complainant Dan Erasmo 30 days to submit their memoranda consisting of clear and concise arguments in support of the various issues raised concerning Jalosjos’ eligibility as a candidate.

“No new issues may be raised by a party in his/its memorandum, and the issues raised in his/its pleadings but not included in the memorandum shall be deemed waived or abandoned. Being a summation of the parties previous pleadings, the court may consider the memorandum alone in deciding or resolving this petition,” the SC said.

Jalosjos, son of former Zamboanga del Norte congressman and convicted rapist Romeo Jalosjos, appealed before the SC the Comelec order disqualifying him in the gubernatorial race in Zamboanga Sibugay for lack of residency.

The case stemmed from a complaint filed by Dan Erasmo, chairman of Veterans’ Village in Ipil town, during the voters’ registration last year, as he claimed that the young Jalosjos was not a resident of the barangay.

The Comelec granted Erasmo’s petition for the cancellation of Jalosjos’ certificate of candidacy on Feb. 11 and removed his name from the list of candidates.

On Dec. 7, 2009, Erasmo – as chairman of Barangay Vete­rans Village in Ipil, Zamboanga Sibugay – sought the cancellation of Jalosjos” certificate of candidacy filed on Nov. 28, 2009.

Erasmo told the Comelec that Jalosjos made material misrepresentations in his true citizenship since he failed to perform all the necessary requisites to reacquire Filipino citizenship.

According to Erasmo, Jalosjos failed to execute a personal and sworn renunciation of his foreign citizenship as required by law and that he failed to comply with the residency requirement under the Constitution and the Local Government Code to qualify him as candidate for governor of Zambonga Sibugay.

On Feb. 11, 2010, the Comelec’s second division unanimously cancelled Jalosjos’ certificate of candidacy with a ruling that while he is a Filipino citizen after renouncing his Australian citizenship, he failed to comply with the residency requirement to run for public office because there was no concrete and actual proof that he successfully changed his domicile to Ipil, Zamboanga Sibugay.

It said that while Jalosjos’ domicile of origin was in Quezon City and his domicile by operation of law is Australia, he failed to show genuine intention of establishing his residence in Ipil, Zamboanga Sibugay.

Jalosjos’ motion for reconsideration was denied by the Comelec’s second division, prompting him to elevate the issue before the en banc.

On May 4, 2010 or six days before the May 10, 2010 elections, the Comelec, in a 7-0 vote, upheld the ruling of its second division cancelling Jalosjos’ certificate of candidacy.