MANILA, Philippines - The Supreme Court (SC) has upheld with finality the election of Abraham Kahlil Mitra as governor of Palawan in the automated polls last May.
In a 34-page resolution released yesterday, the SC denied with finality appeals on its July ruling that nullified the decision of the Commission on Elections (Comelec) disqualifying Mitra in the gubernatorial race over the residency issue.
The SC, keeping its vote of 12-2, affirmed its decision recognizing the transfer of residency of Mitra from Puerto Princesa City to a lowly room in a farmhouse in Aborlan town, which was questioned by his closest rival, businessman Jose “Pepito” Alvarez, a known holder of the biggest logging concession in Palawan for the past two decades.
The SC, in the ruling penned by Associate Justice Arturo Brion, said the arguments raised by the Comelec and private respondents in their motions for reconsideration were just rehashed issues it already considered in its decision last July 2.
The SC also reiterated its ruling that Mitra’s transfer of residence should not be ground for his disqualification in the gubernatorial race, saying he already had intimate knowledge of the province, particularly of the whole second legislative district that he represented for three terms.
In his dissenting opinion, Associate Justice Presbitero Velasco Jr., however, said Mitra’s residency remains doubtful, adding that the best intention to establish legal residence comes from one’s act and not by mere declarations alone.
“Finally, noting that Mitra is already barred from running for congressman due to the constitutional consecutive three-term limit, his purported transfer to Aborlan so that he could continue further his political career makes his intent and assertions suspect when unsupported by his actual physical presence and residency in Aborlan,” Velasco said.