Thursday, June 28, 2007
Lawyer drops damages
LAWYER Briccio Boholst finds no more reason for the Cortes camp to pursue the damages it earlier asked the Commission on Elections (Comelec) to grant, in disqualifying Thadeo Jovito “Jonkie” Ouano as a mayoral candidate.
Boholst, counsel for petitioner Zoilo Cortes, said in an interview yesterday that the Comelec’s decision in their favor was enough vindication.
Pinoy Votes: Sun.Star Election 2007 Coverage
“I feel rewarded,” he added, recalling that many, including fellow lawyers, doubted his theory.
Besides, pursuing the P2 million in exemplary damages would only reopen the case and “add insult to injury.”
“His loss was enough,” he added, referring to Ouano, who lost to eventual winner Jonas Cortes by over 15,000 votes.
Boholst said that when he informed Zoilo, Jonas’ uncle, of the Comelec decision, the elder Cortes only laugh-ed. When they met yesterday, Zoilo didn’t mention anything about the damages.
The decision, promulgated on June 15, was signed by Commissioners Resurreccion Borra and Romeo Brawner.
According to the decision, Ouano failed to comply with the required one-year residency for those seeking local positions.
His Certification for Loss of Nationality of the United States was approved only on June 21, 2006, or just 10 months and 23 days before the May 14 elections.
The commission, however, said that Ouano validly reacquired Filipino citizenship through Republic Act 9225, or the Citizenship Retention and Reacquisition Act of 2003, and through his renunciation of his American citizenship.
But Republic Act 9225 states that those seeking elective public office in the Philippines should meet all qualifications specified by the Constitution and existing laws.
The Local Government Code provides that an elective official, among others, must be a resident for at least one year immediately preceding the election, in the area where he seeks office. (AAG)
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