Comelec junks case vs village chief

ANGELES CITY -- The Commission on Elections (Comelec) has dismissed a disqualification case filed against Rodelio "Tony" Mamac, incumbent chairman of Barangay Balibago here.

In its resolution dated July 8, 2014, the Comelec First Division stated that the petition of former city councilor Alfie Bonifacio, who opposed Mamac in the barangay chairmanship, was filed beyond the reglementary period as provided by Rules 23 and 25 of the commission’s rules and procedures.

Bonifacio filed the petition before the head office of Comelec on December 3, 2013, more than a month after the barangay elections on October 28, 2013.

“Regardless of whether the instant petition seeks the cancellation of Mamac’s CoC (certificate of candidacy) under Rule 23 or one to disqualify him under Rule 25, the petition was filed only on December 3, 2013, 53 days after Mamac filed his CoC on October 11, 2013 and 35 days after October 29, 2013 when he was proclaimed as the duly elected punong barangay of Balibago,” the Comelec Resolution, signed by Commissioners Lucenito Tagle, Christian Robert Lim and Al Parreno, stated.

Bonifacio claimed that Mamac should be disqualified because the latter filed before the Comelec a withdrawal of candidacy.

The petitioner also asked the commission to declare him as the duly-elected punong barangay of Balibago because Mamac’s votes should be considered “stray votes.”

Bonifacio presented Mamac’s alleged affidavit of withdrawal notarized by Lawyer Leoncio M. Clemente.

Mamac denied Bonifacio’s claim saying the affidavit of withdrawal the former presented was fabricated.

The village chief also disclosed that Bonifacio’s petition and his alleged affidavit of withdrawal were notarized by the same lawyer (Clemente).

“Alangan naman parehu mi lang kang Clemente pa notaryu ring withdrawal ku ampo ing petition ng Bonifacio," Mamac said.
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