Sunday, March 23, 2008 Court reinstates Sasmuan mayor By Marna H. Dagumboy
SASMUAN -- The Court of Appeals (CA) has reinstated this town's Mayor Nardo Velasco as duly elected local chief executive.
The appellate court's move was contrary with the Commission on Elections (Comelec) order declaring his candidacy in last May elections as "null and void."
In a decision dated March 13, the CA's 14th division affirmed the earlier decision of the municipal trial court (MTC) here that favored Velasco's petition to be included in the permanent list of voters of this town.
The CA also reversed and set aside the decision of the Guagua Regional Trial Court (RTC) Branch 52 order that reversed the MTC's decision on Velasco's petition for inclusion.
According to the CA, the evidence on the alleged lack of residence qualification of Velasco is "weak or inconclusive and it clearly appears that the purpose of the law would not be thwarted by upholding the right to the office, the will of the electorate should be respected."
The appellate court said it evidently found out that Velasco reacquired his residency in the Philippines even before the holding of May 2007 elections and that he stayed "for a total of almost two years for the last three years immediately preceding the elections on May 14, 2007."
The CA said Velasco's intention to reacquire his rights as Filipino citizen was strengthened shortly after he took his oath of allegiance to the Republic of the Philippines on July 31, 2006, which is in accordance with the provisions of Republic Act 9225 otherwise known as the Citizenship Retention and Re-acquisition Act of 2003.
The CA cited section two and five of RA 9225 that "all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship. Those who retain or reacquire Philippine citizenship under this act shall enjoy full civil and political rights and be subject to all attendant liabilities under existing laws of the Philippines."
"Petitioner in this case opted to exercise his right to vote in his own place of birth. This court sees no reason to deny him the said right.
Earlier, the election body ordered Velasco, who ran under the Nationalist People's Coalition, to "vacate the position of municipal mayor".
On July 6 last year, the Comelec Second Division voided Velasco's victory, noting that he lacked the residency requirement for a candidate.
He won by a slim margin of 700 votes over Mozart Panlaqui of Kampi. On April 2 last year, or a month before the elections, Panlaqui filed a disqualification case against Velasco before the Comelec provincial office.
On April 20, election provincial supervisor Temmie Lambino issued a resolution stating that Velasco "has committed material representation when he stated that he is a registered voter of Precinct No. 103-A, Barangay Sta. Monica, municipality of Sasmuan, province of Pampanga, in entry No. 10 of his Certificate of Candidacy."
Lambino gave weight on a certification dated March 29, 2007 signed by Fernando Flores, chairman of the election registration board of this town, saying Velasco "is not a registered voter of Precinct No. 0103-A," which was contrary to the mayor's claim in his certificate of candidacy.
The case was elevated to the Comelec Second Division, which rendered its decision last July 6, about two months after the May 2007 elections.
