Friday, March 30, 2007 No bearing on disqualification case vs Gamboa: Lawyer By Erwin Ambo S. Delilan
THE plan to file a disqualification case against re-electionist Mayor Alfonso "Diding" Gamboa in EB Magalona is a "no bearing issue," said lawyer Ariel Malunes.
Malunes is acting as counsel for the mayor and also Gamboa's running mate for vice mayor under the Kabalikat ng Malayang Pilipino (Kampi),
Malunes said the issue that Gamboa can no longer seek a reelection for being a third-termer chief executive of EB Magalona is vague.
Lawyer Reynaldo "Rene" Depasucat Sr., who planned to file the case, said Gamboa's third and final term is yet to conclude this coming July.
Gamboa started as mayor of EB Magalona in 1998 with Depasucat's son, Rex, as his vice mayor.
In 2001, however, they collided and Gamboa won but wasn't able to assume for two and a half years after the Depasucats filed an election protest against his victory.
Former vice mayor Romulo Rhoel Mogul then became acting mayor. It was only in August 2003 when Gamboa was finally proclaimed by the Commission on Election (Comelec) as the winner.
Gamboa immediately assumed office.
In May 2004, Gamboa clashed with Mogul and won again.
"The 2003 to 2004 period that Gamboa assumed the mayorship of EB Magalona from acting mayor Mogul was considered as his second term," Depasucat said.
But Malunes maintained that the issue has already been resolved by the Supreme Court, citing the cases of Borja and Lonzanida versus the Comelec.
In the event that Gamboa failed to assume office in 2001 to 2003 due to election protest, this can be considered as an interruption on public office. His succession to Mogul, therefore, can't be counted as one term, explained Malunes.
Depasucat, however, said, "Malunes is wrong in his interpretation. Those cases of Borja and Lonzanida will not apply in the case of Gamboa because those persons were not elected for three consecutive terms but were only appointed."
But if Malunes is willing to risk Gamboa's candidacy on this matter, then he should be ready to answer everything in court, dared Depasucat.
The Comelec, on the other hand, is yet to review this case.
Meanwhile, Gamboa along with Malunes and their councilors filed their certificates of candidacy (COC) Tuesday.
Gamboa's challenger is incumbent Vice Mayor David Albert Lacson who filed his COC Wednesday afternoon.
Lacson's running mate for vice mayor is the younger Depasucat. Both are running under the Nationalist People's Coalition-United Negros Alliance.
