JACINTO del Mar has been declared a nuisance candidate, leaving Rachel “Cutie” del Mar and six others as the only ones vying for the Cebu City north district congressional seat.
“Petitioner (Cutie) has proven that respondent does not have the bona fide intention to run for the position of representative of the First District of Cebu City…. (The) allegation that respondent has not participated in any political event nor spoken on any political question or any matter of public interest remains uncontroverted,” read the five-page decision of the Comelec.
Promulgated last Friday, Jan. 29, the decision was signed by Commissioners Rene Sarmiento, Armando Velasco and Gregorio Larrazabal.
Rep. Raul del Mar (Cebu City, north district), faxed to Sun.Star Cebu the last two pages of the decision when sought for an update on the petition his daughter filed against Jacinto last Dec. 5.
“The respondent has not waged a district-wide campaign, not only by campaign paraphernalia, etc., but by his failure to conduct caucuses and meetings in the first district of Cebu City, clearly shows that he has no true intention to run for public office,” the resolution read.
It said that while Jacinto, in his answer to the petition against him, alleged that he is a candidate of the Philippine Green Republican (PGR) party, “no evidence was shown that he was indeed nominated by said party and that he accepted such nomination.”
“And granting arguendo that he was nominated by said party and that he accepted the same, said party has yet to establish its political track record, capacity and capability to launch a serious campaign,” read the decision.
Citing those circumstances, the three commissioners granted Cutie’s petition and declared Jacinto “a nuisance candidate.”
In an interview, lawyer Salvador Solima, Jacinto’s legal counsel, said they will file a motion for reconsideration once they receive a copy of the resolution.
“That is a violation of his right as a candidate. How can he campaign when the campaign period has not started yet? He is not like the other candidates,” said Solima, PGR party’s mayoral candidate.
He denied that they have not shown any evidence of Jacinto’s nomination as a PGR party candidate, saying the document was attached to his certificate of candidacy.
Speaking for his daughter, Rep. del Mar told Sun.Star Cebu after filing the petition last December that Jacinto used the nickname “Cinto” in his certificate of candidacy
(COC) when his real nickname, as relayed to him by Barangay Capitol Site residents was “Tito.”
The change of nickname was supposedly intended to have Jacinto’s name placed ahead of Cutie’s in the ballot, and that it was picked because it is a bit similar to Cutie’s nickname.
Such a situation may cause confusion that would result to voters shading the oval in the ballot that represents Jacinto’s name instead of Cutie’s.