Comelec dismisses disqualification cases vs Miriam, Serge Osmeña

MANILA, Philippines - The Commission on Elections (Comelec) First Division yesterday dismissed the disqualification cases filed against Sen. Miriam Defensor-Santiago and former Sen. Serge Osmeña.

The Comelec also junked the disqualification case filed by Liberal Party senatorial candidate Ralph Recto against his brother, former Batangas vice governor Richard Recto, who is also running for senator.

The Comelec junked the argument of petitioner lawyer Nombraan Pangcoga that Santiago is not qualified to run for senator because she has “severe mental disorder.”

Santiago’s lawyer Romulo Macalintal said they were confident from the start that the Comelec would dismiss Pangcoga’s complaint.

“There is no doubt that she can effectively perform her duties and responsibilities as a senator. The cases filed against her, to us, are all part of political harassment and they cannot show any evidence that she has mental incapacity,” Macalintal said.

In December 2009, Pangcoga had asked the Comelec to disqualify Santiago from the senatorial race, claiming that she was showing symptoms of mental disorder.

In a resolution, Comelec Commissioner Armando Velasco said Pangcoga failed to prove that Santiago is mentally damaged.

“There is no allegation, much less proof, that respondent has been declared by competent authority to be insane or incompetent,” Valasco said in the resolution. 

The Comelec likewise dismissed the disqualification complaint filed by a certain Vladimir Alarique Tan Cabigao against Osmeña, saying they “(did) not see any compulsive reason to grant the petition.”

Cabigao claimed that Sec. 4 Art. VI of the 1987 Constitution, which imposes a two-term limit for a senator, prohibits Osmeña from seeking reelection. 

Cabigao argued that Osmeña became a senator for two terms: from 1995 to 2001 and from 2001 to 2007. He said the senator can only run in 2013 when six years, equivalent to a full term, has lapsed.

The Comelec, however, ruled that Sec. 4 “is silent as to the period of rest before such senator can run again.”

“There is no need for him (Osmeña) to hibernate for one full term of six years or until 2013.”

The disqualification case against Richard Recto, on the other hand, was dismissed for being “moot and academic” since the former vice governor had already been disqualified from the senatorial race.   

Ralph had wanted his brother disqualified from the senatorial race to prevent having two Rectos in the ballot, which can be confusing to voters.

Pacquiao fails to have foe disqualified

The Comelec First Division also junked yesterday the disqualification case filed by boxing superstar and congressional candidate Manny Pacquiao against his rival in Saranggani.

Commissioners Rene Sarmiento, Amando Velasco and Gregorio Larrazabal said Pacquiao had failed to prove that his rival, businessman Roy Chiongbian, did not meet the residency requirement.

Pacquiao claimed Chiongbian had registered Purok 1, Kling Kiamba, Sarangani in his certificate of candidacy as his residence when he actually lives at Rivera street, Lagao, General Santos City when he is in the Socsargen area.

In his petition, Pacquiao said Chiongbian also keeps a residence at 363 San Bartolome, Ayala Alabang Village, Muntinlupa City.

In his defense, Chiongbian said he is a registered voter of Kiamba, Saranggani for at least a year prior to the May elections.

He said he has owned real property in the municipality since 1983 but had set up businesses in various parts of Metro Manila.

The First Division ruled that while Chiongbian had studied, married, and oversaw his businesses in Metro Manila, that “does not automatically change the domicile of respondent from Barangay Kling, Kiamba, Saranggani to Manila.”

“There is hardly any evidence establishing respondent’s abandonment of his domicile of origin,” the resolution said.