OPPOSITION to the application for registration complaint was filed Tuesday afternoon, July 13, before the Commission on Elections (Comelec)-Bacolod against former Third District representative Alfredo "Albee" Benitez.

This was stressed by City Election Registrar Kathrina Cana on Wednesday, July 14, after she received a complaint from the three complainants against the application for registration of Benitez.

The petitions were filed on July 13, 2021 by Hector Yula, Teodoro Abao and Jonah Abao on the basis that Benitez is allegedly not a resident of Bacolod City.

The opposition was filed as the political fever in Bacolod City has been heating up after Benitez transferred his voter's registration from Victorias City to Bacolod City, and has been reported to be challenging the reelection bid of incumbent Mayor Evelio Leonardia in the May 9, 2022 elections.

In a press conference Wednesday, July 14, lawyers Jose Jireh Alimon and Marcus Aurelian Vaflor said they received Wednesday afternoon a notice of summons and hearing from Comelec-Bacolod on July 19 which they said will be open to the public.

"If the opposition of the complainant is granted then Benitez's application to become a voter of Bacolod City will be denied," Vaflor said.

"In the election law, residency is the same as the domicile and we have proof that he has not lost his former domicile. Benitez is not domiciliary of Bacolod City," Vaflor said.

When asked that the opposition is politically motivated, Vaflor said they are private practitioners and they just came to discuss the case and that they live it to the public to decide.

"Benitez has the burden of proving that he has changed his domicile from wherever it was to Bacolod City and it will all be revealed on Monday. I would like to believe that we have preempted Benitez because we believe that the evidence attached in our case will be the very same ones he will be presenting in his defense," Vaflor said.

One of the grounds he said is that Benitez, the applicant voter of Bacolod City, is not a citizen of the Philippines.

"Residents in Election Law is actual resident coupled with intention to remain in that place for an indefinite amount of time and so far Benitez has met none of these requisites, for example, we found he bought a piece of land three days before he went to the Comelec and applied for the transfer of his registration. The property has no water and electric connection how can he survive in that situation?" the lawyer added.

Vaflor also revealed that aside from Benitez, they also filed the same opposition against 220 applicant voters who allegedly came from other cities and municipalities on the ground that they are not residents or domiciliaries of Bacolod City. Their hearings will also be held on Monday, July 19.

The lawyer said the opposition snowballed after several barangay leaders learned of the opposition of the three petitioners which they found to have enough basis.

On April 22, Benitez officially transferred his voting registration from Victorias City to Bacolod City, but he did not make the confirmation on his plan in the coming May 2022 elections.

Cana said the opposition complaint will be addressed during the Election Registration Board (ERB) hearing scheduled on July 19.

She added they have a total of 10, 199 pending applications that are subject for a five-day ERB hearing starting July19, noting that if there is an opposition, the applicant will be given an opportunity to answer and to produce documents in support to the application of registration.

Comelec will evaluate all of the documents submitted by the new registrants.

As of April 2021, Comelec registered a total of 294, 330 voters.

For his part, Benitez said the opposition against the transfer of his voter's registration in Bacolod City filed before Comelec is to be expected.

"Those moves will not prosper as all requirements of the law have been fully complied," he said.

Benitez earlier said now that he is a registered voter of Bacolod City, he only has two political options left and that is either to run for mayor of Bacolod City or senator of the country.

He said he still has until October to decide.

Meanwhile, Vice Governor Jeffrey Ferrer who is a close ally of Benitez said, “Let the people of Bacolod City decide.”

"Instead of resorting to legal technicalities, they should allow the people to decide," Ferrer said.

Ferrer said that while he respects the right of the petitioners to file an action to oppose the registration of the Capitol consultant, "it is a form of politicking because the filing of candidacy is still on October this year."

Voters should listen to all candidates and their motives for running instead of resorting to character and personal attacks hurled against certain candidates, Ferrer said.