Comelec defends disqualification of Zamboanga Sibugay governor

MANILA, Philippines - The Commission on Elections stands by its decision to disqualify Gov. Romel Apolinario Jalosjos of Zamboanga Sibugay in the election last May over a residency issue, asking the Supreme Court to junk a petition of the governor who insisted that he is a resident of Ipil town. 

In a comment filed through the Office of the Solicitor General, the poll body denied allegations of the governor that it committed grave abuse or discretion in canceling the certificate of candidacy of Jajosjos even after he won the election. 

The Comelec said that Jalosjos “failed to prove by substantial evidence that he has successfully effected a change of residence to Ipil, Zamboanga Sibugay where he sought to run for governor; hence the Comelec cancelled his certificate of candidacy on ground of material misrepresentation that he is a resident of Ipil.” 

“To be sure, the Comelec did not declare that Jalosjos is not a resident of Zamboanga Sibugay because he does not own any property. On the contrary, the Comelec declared that Jalosjos’ non-ownership of property is among the indications that he did not intend to establish residence in Zamboanga Sibugay,” the OSG said. 

It pointed out that “what the Comelec found is that there is no evidence to show that Jalosjos has abandoned his domicile in Quezon City or Australia and established his domicile in Zamboanga Sibugay.” 

The OSG stressed that “because of its fact-finding facilities and its knowledge derived from actual experience, the Comelec is in a peculiarly advantageous position to evaluate, appreciate, and decide on factual questions before it.” 

“Factual findings of the Comelec, based on its own assessments and duly supported by evidence, are conclusive on the SC, more so in the absence of a grave abuse of discretion, arbitrariness, fraud or error of law in the questioned resolutions,” it added.

 The Comelec was answering a petition of Jalosjos, son of former Zamboanga del Norte congressman and convicted rapist Romeo Jalosjos, in the SC assailing 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.