Court to rule on Liloan ‘flying voters’ case

CEBU, Philippines - The court is expected to decide today whether or not the 16 Liloan residents confirmed as “flying voters” by the Election Registration Board (ERB) will be allowed to vote in next month’s Barangay elections. 

Provincial Election Officer Lawyer Ferdinand Gujilde said Election officer of Liloan Jezreel Amoguis divulged the issue before the office of the Comelec-7 after he found out that the 16 ‘flying voters’ are residents of Barangay San Vicente, but registered in Barangay Sta. Cruz.

According to Republic Act 8189 of the Continuing Registration Act, “any registered voter who has transferred residence to another city or municipality may apply with the Election Officer of his new residences for the transfer of his registration records.”

The provision also states that the period of residency required by law for registration in the place where an applicant proposes to vote is at least six months prior to elections and not six months prior to registration.

San Vicente Barangay captain Rodrigo Quirol and ERB filed a petition to exclude from the voter’s list against the “flying voters” before the Municipal Circuit Trial Court (MCTC) in Liloan.

The respondents, for their part, filed before MCTC Judge Jocelyn Uy-Po a separate petition for them to be included in the list of voters.

Even if the court would rule against the respondents, Gujilde said they would still be able to vote but only in the 2016 National and Local Elections once they are able to establish their residences.

Meanwhile, in a separate development, the ERB has granted the request of Roberto Aleonar of Carcar City to transfer his voter’s registration from Barangay Poblacion 1 to Barangay Guadalupe in the town.

“Right now were still waiting sa report unsay participation sa ERB sa hearing and unsay result usab,” Gujilde said.

Aleonar was registered in Brgy. Poblacion when he lost in the 2013 mayoral race. Aleonar is running for barangay captain in Brgy. Guadalupe.

Aleonar was able to present documentary evidence to prove the validity of his residence in Brgy. Guadalupe, including a deed of sale, business permit for his piggery, official receipts of covering payment for power connection, and ownership documents of a parcel of land.

Four sets of apposition were filed against the validity of Aleonar’s residence before the Municipal Trial Court in Cities (MTCC) in Carcar.

Oppositors have stated that the parcel of land was not purchased by Aleonar in 2006, but by his parents as shown in the Deed of Sale.

“Aleonar is resident and resident voter of Poblacion 1 as of the 13 May 2013 elections and stated such fact under oath in his Certificate of Candidacy (COC)  for mayor, which now contradicts his sworn declaration in the transfer  application that he is a resident of Guadalupe for at least 3 years,” the oppositors said.

But Aleonar said that he built his residential house on the parcel of land purchased by his parents. Even if he did not own the parcel of land, he  still has a right to it as compulsory heir, he said in his affidavit.  (FREEMAN)