|
Sunday, November 07, 2004
Mayor faces ouster; Comelec voids candidacy papers
By Jane Cadalig
BAGUIO CITY -- The Commission on Elections (Comelec), First Division, recently declared as invalid the proclamation of Fr. Nardo Cayat as town mayor of Buguias, Benguet.
The Comelec in its October 25 order granted the motion for execution of judgment filed by Cayat's contender, Thomas Palileng, on the Commission's earlier ruling, which cancels Cayat's certificate of candidacy.
The October 25 order explained that Cayat's proclamation is a void from the beginning, adding that at the time of the election, there was already a final and executory resolution disqualifying him from the mayoralty race.
"The voters who cast their votes in favor of the respondent (Cayat) knew very well that their candidate is disqualified. They are therefore aware that their votes are in fact strays," it further noted.
The Commission also denied the motion for reconsideration after Cayat failed to pay the prescribed fee provided under section 18, rule 40 of the 1993 Comelec Rules, stating that the "commission may refuse to take action on the motion until the same is paid and may dismiss the action or proceeding.
The Commission narrated that Cayat mailed a manifestation stating that the execution sought should not be granted as the subject order was not enforced on time, resulting to his election, his proclamation and assumption of office as the municipal mayor of Buguias.
The order, however, said the non-implementation of the order before the election is of no importance. "What is important is there had already been a resolution disqualifying the respondent before the May 10, 2004 elections."
Meanwhile, lawyer Benny Kato, counsel for Cayat, emphasized that Cayat was a bonafide candidate because the law department of Comelec did not carry out its order to cancel the latter's COC.
"A judgment, even if it is favorable, which is not enforced, cannot produce any legal effect," Kato pointed out.
"Comelec should know better than rule that its order of cancellation was final on the day of the election. How could its order reached finality when it was not even served on me? It was served only after Cayat took his oath of office."
He further alleged that Comelec is helping a group to unseat the mayor.
"I believe Comelec is being used this time. We suspect it is helping an interest group unseat my client so that they can conveniently operate jueteng. We are bringing this matter to Bishop Oscar Cruz for help. The Comelec is confusing the people."
(November 7, 2004 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
|
|
[return to top]
[home]
|
|
Tank gas poisons workers