THE ruling that disqualified three bets with the same surname as Bando Osmeña-Pundok Kauswagan (BOPK) candidates became final yesterday.
Party lawyer Jade Pon-ce pointed this out in an interview with Sun.Star Cebu, stressing that plans to have the Commission on Elections (Comelec) strike off their names
from the official ballots can be filed by Monday.
“It is a simple matter of filing the necessary petition,” he said.
Section 8 of Comelec Resolution 7800, promulgated in January of 2007, gives the losing party in a disqualification case three days to submit a motion to reconsider a decision, resolution order or ruling of a Comelec division.
This three-day period, Ponce said, starts after the date of the promulgation, not the date of receipt.
The law office of Atty. Jocelyn Pesquera, whose address was used in the filing of the disqualification petitions, was not furnished a copy of any motion for reconsideration as of late yesterday afternoon, Ponce pointed out.
Ponce represented BOPK reelectionist Councilor Roberto Cabarrubias and newcomer Talamban Ba-rangay Captain Alvin Arcilla in the disqualification case against Junas Cabarrubias and Zenica Arcilla.
He also represented a third BOPK bet, newcomer Nida Cabrera, who is also the incumbent barangay captain of Barrio Luz, against a candidate with the same surname, Emma Cabrera.
The Comelec resolution declaring the other Caba-rrubias and Arcilla as nuisance bets, however, sustained her candidacy.
Pesquera, on the other hand, represented BOPK candidate for vice mayor Joy Young, who filed the disqualification bid against Serafin Cobacha Rama Jr. The latter is running for vice mayor under the Laban ng Demokratikong Pilipino, together with Dorotheo Cobacha Rama, who already withdrew.
Although they don’t have the same surname, Young said Rama Jr.’s candidacy causes confusion because he is running for a post, which used to be occupied by another Rama, among other reasons.
“We grant this petition to declare respondents Junas Cabarrubias and Zenica Arcilla as nuisance candidates... consequently, their certificates of candidacy are denied
due course and/or cancelled,” the Comelec said on the first case.
The second ruling carried the same exact phrase, only it named Serafin Cobacha Rama Jr. as respondent. (KNR)