SC orders proclamation of new Zambales town mayor

MANILA, Philippines - The Supreme Court (SC) has ordered the proclamation of Estela Antipolo as the mayor of San Antonio, Zambales, saying the certificate of candidacy (COC) of the sitting mayor, Romeo Lonzanida, was void.

The SC ruling, which was concurred in by at least 10 justices led by Chief Justice Lourdes Sereno, was based on the resolution of the Commission on Elections (Comelec) dated Feb. 2, 2011 ordering the cancellation of Lonzanida’s COC. The SC voting was conducted last Oct. 9.

“Lonzanida’s disqualification is two-pronged. He violated the constitutional fiat on the three-term limit; and as early as Dec. 1, 2009, he is known to have been convicted for 10 counts of falsification of public documents,” the Comelec resolution said.

The votes cast for Lonzanida should be considered stray votes, the poll body added.

The high tribunal said Lonzanida “misrepresented his eligibility,” adding that even though the COC does not specifically ask the candidate for the number of terms elected and served, ”such fact is material in determining a candidate’s eligibility, and thus qualification for office.”

On Lonzanida’s disqualification based on his conviction, the high court said it disqualifies him perpetually from holding or being elected to any public office.

 The SC said it is Comelec’s legal duty to cancel the COC of a person with perpetual special disqualification even without a petition.

Meanwhile, the SC recently ruled that the president of the Sangguniang Kabataan (SK) Federation of Subic, Zambales will keep his post.

The high court’s Second Division affirmed a Court of Appeals (CA) ruling setting aside a decision of the SK-Board of Election Supervisors (SK-BES) of Subic, Zambales and the Olongapo City regional trial court (RTC), which nullified the proclamation of Ray Mark Rigonan.

The CA had found that the SK-BES committed grave abuse of discretion in ruling that Rigonan’s answer in the election protest against him was filed late. Rigonan’s answer was filed on Dec. 6, 2010, one day after the  deadline.

The SC said it was clear that the RTC has already made a final determination of the case without taking into consideration the answer that Rigonan filed.