Disqualification case filed vs Bacolod mayor

A DISQUALIFICATION complaint was filed against Bacolod City Mayor Evelio Leonardia before the Commission on Elections (Comelec) in Manila on November 13.

City Election Registrar Mavil Majarucon-Sia said on Monday, November 26, that the complaint -- a petition to disqualify a candidate for possessing grounds for disqualification -- was filed by Edgar Cadagat against Leonardia.

She said the complaint was filed in Comelec Manila office of the Clerk of the Commission and it will be raffled to hear the complaint.

She added the respondent will also be given a chance to file his reply or answer to the petition.

Majarucon-Sia noted that the resolution of the complaint will depend on the action of the Comelec on how fast they will resolve the issue.

She said the petition will not affect the official copy of the list of candidates who will reflect on the ballots for 2019 elections.

She added that November 29 will be the last day for the correction or application for withdrawal of candidacy for next year’s election.

On his complaint, Cadagat cited the portion of the certificate of candidacy (COC) question 22, to wit, “Have you ever been found liable for an offense which carries with it the accessory penalty of perpetual disqualification to hold a public office which has become final and executory?” In which the incumbent mayor answered, 'no'.”

Cadagat said it is of public knowledge that the incumbent mayor was found guilty for administrative offense of grave misconduct and gross neglect of duty, and he was dismissed from the service.

For his part, Leonardia said: “If you really read the COC, it says there a final judgment. I was never a subject of final judgment. On the contrary, it was even reversed and we’re just waiting for the formality as being given the notice of finality. We won the case.”

He said that even the criminal side of it was also dismissed by the Sandiganbayan.

“The motive is clear. This is a person where his business was not paid for not following the legality so that filing is another form of black propaganda at the most, it’s a propaganda political stand,” he added.

Councilor Renecito Novero, Leonardia’s legal counsel, said there is a final order issued, but it is in favor of Leonardia, dismissing the criminal case.

“So that is equivalent to a trial on the merits and on the administrative side, the Court of Appeals also issued a decision on the merits which is final and executory in favor to Leonardia,” he said.

He added that the complaint against Leonardia has no legal and factual basis.

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