Friday, March 30, 2007 Re-electionist mayor faces disqualification By Erwin Ambo S. Delilan
E.B. MAGALONA -- Re-electionist Mayor Alfonso "Diding" Gamboa may be disqualified from running again due to possible legal technicalities.
Lawyer Reynaldo "Rene" Depasucat, Sr., father of vice mayoralty candidate Reynaldo "Rex" Depasucat Jr. told Sun.Star Wednesday they will soon file a disqualification case against the incumbent mayor.
"We are now ready of our disqualification case and it will be filed at the Commission on Election (Comelec) here five days after the last day of the filing of candidacy (March 29) for local candidates," the older Depasucat said.
He explained that under the Constitution, any local official is only allowed for three consecutive terms.
Each term consists of three years.
Depasucat said Gamboa had already won three terms - in 1998, 2001 and 2004, so he's no longer qualified to seek a re-election.
Sun.Star tried but failed to contact Gamboa as of press time. According to sources at the Municipal Mayor's Office here, he's still in Manila.
Gamboa with his runningmate lawyer Ariel Malunes filed their COCs Tuesday.
In 1998 Gamboa won against Eduardo Malacon.
In 2001, he battled against the younger Depasucat and won again.
However, he was not able to sit down as mayor right after the election until the middle of 2003 after the Depasucats filed an election protest against his victory.
Former vice mayor Romulo Rhoel C. Mogul was proclaimed acting mayor with former councilor and now mayoralty candidate David Albert Lacson as his acting vice mayor on July 1, 2001.
This came after the Comelec En Banc in Manila proclaimed Gamboa as the real winner of the May 2001 elections in August 2003.
In 2004, Gamboa ran anew and won again over Mogul.
"It was clear that he already completed his three terms even if he assumed his second term for only eight remaining months prior to the 2004 elections," the older Depasucat said.
"We're confident that we have a strong ground on this protest. If the Comelec will later ignore the case, we will still go to court for a quo warranto. But we are sure that Diding can no longer run for mayor."
He also cited as example the case of Himamaylan City Mayor Menchit Bascon and Vice Mayor Luz Bayot in 1998.
Bayot won against Bascon but the latter protested and sought recount of votes.
Later, Comelec found out that Bascon was the real winner and declared her as mayor a month before the 2001 elections.
Bascon, however, waived the proclamation and instead let Bayot to fulfill the entire term so she can have her first term in 2001.
"If Diding made the same move that of Bascon, then he is qualified to run this year. But since he assumed the remaining eight months of his second term, he could no longer avail additional term," Depasucat said.
Sun.Star Bacolod referred this case to Comelec Provincial Supervisor Jessie Suarez but the latter declined to comment saying,"I still have to go over that case."
Grand parade
Meanwhile, Gamboa's challenger incumbent Vice Mayor David Albert Lacson and his runningmates have filed their certificates of candidacy (COCs) yesterday afternoon after a grand parade from EB Magalona National High School to Comelec Office here and highlighted by the participation of hundreds of pedicab drivers and a drumbeating group.
Like movie stars, Lacson and his runningmates under the Nationalist People's Coalition-United Negros Alliance (NPC-UNA) paraded on board two white Nissan Pick-ups with several others from various supporters from 23 barangays of this town.
Gov.Joseph Marañon, Vice Gov. Isidro Zayco and 3rd District Rep. Jose Carlos "Kako" Lacson were also present during the filing of COC as moral booster for Lacson and runningmates that include the younger Depasucat for vice mayor, seven re-electionist councilors - Eduardo Malacon, Nilo Japitana, Edmer Agravante, Allan Villaruz, Noel Resuma, Anton Magalona, Jovy Madayag and councilorable Rob Fermin-Acaling.
Nineteen of the 23 barangay captains here also showed support to Lacson and his group.
