CEBU City Mayor Tomas Osmeña has scored an initial victory following the decision of the Commission on Elections (Comelec) En Banc affirming the earlier decision of the Second Division declaring Paulino Osmeña Jr. as a nuisance candidate.
In a four-page resolution promulgated last May 2, Comelec En Banc said all votes cast for Paulino will be counted in favor of Osmeña.
“Wherefore, premises considered, the Commission (En Banc) resolves to deny the motion for reconsideration for lack of merit. The challenged resolution dated 01 February 2019 of the Commission (Second Division) declaring the respondent as nuisance candidate is hereby affirmed. Accordingly, all votes cast in favor of the respondent shall be counted in favor of the petitioner,” read portion of the resolution.
Lawyer Amando Virgil Ligutan, counsel of Osmeña said the development is a resounding victory for the mayor and the entire Bando Osmeña Pundok Kauswagan (BOPK).
Earlier, Osmeña filed a petition seeking to declare Paulino as nuisance candidate.
In a resolution, the Second Division has granted the petition of Osmeña, saying that the similarity of the surnames of the two may cause confusion among voters and that Paulino has no bona fide intention to run in the public office.
On February 18, Paulino filed a motion for reconsideration assailing the earlier decision of the Second Division.
Paulino reiterated his defenses that he filed his certificate of candidacy as he has genuine concerns with the City due to problems not were not addressed by the present administration and that the similarity in the surnames between him and the present mayor is merely coincidental and does not intend to confuse voters. (RVC)