MANILA, Philippines - The Supreme Court was asked to nullify the proclamation of governor-elect Abraham Kahlil Mitra of Palawan and uphold an earlier decision of the Commission on Elections disqualifying him in the gubernatorial race over residency issue.
Antonio Gonzales and Orlando Balbon Jr., who sought Mitra’s disqualification with Comelec, alleged before the High Tribunal that the new governor violated election laws and should therefore be disqualified despite winning in the last election.
Citing a similar case in the 2007 polls where the SC nullified the proclamation of a mayor earlier disqualified by Comelec, they argued that the decision of the Comelec should prevail over mandate of the electorate.
“This Honorable Court held, in a unanimous vote, through the ponencia of the Honorable Justice Arturo Brion, that when a candidate is disqualified before the date of the elections; but, still manages to win an election, his disqualification must stand because the rule of law, as framed by Congress representing the national will, must prevail over the will of the people given in a locality,” they explained.
Mitra was disqualified by Comelec after claiming to be a resident of a farmhouse in Aborlan town when he was known to live in Puerto Princesa City. He was, however, allowed to join the race after securing a status quo order from SC three days before the polls and was proclaimed winner on May 14.
Gonzales and Balbon said Mitra misrepresented his qualification, which was tantamount to violation of election and criminal laws as held by Comelec.
With this, they asked the SC to order Comelec to proclaim Mitra’s closest rival, businessman Jose “Pepito” Alvarez, as winner in the last election.
They also sought immediate resolution of the case so that the rightful, qualified governor would assume the post after June 30.
Victory
After his victory in the poll on May 10, Mitra has asked the Court to nullify an earlier decision of Comelec disqualifying him from the race.
In a five-page supplemental petition filed on May 21 through collaborating counsel former Senate president Jovito Salonga, Mitra asked the High Court to uphold the mandate given to him by the electorate in the province and dismiss all disqualification cases earlier filed against him by his political rivals.
He described his victory as “a classic tale of the battle between David and Goliath” where Palaweños rallied behind him as their own “David” against his rival “Goliath” – referring to Alvarez, a self-made billionaire and a known holder of the biggest logging concession in Palawan for the past two decades.
Mitra ran for governor of the province under the Liberal Party of president-apparent Benigno “Noynoy” Aquino III.
In seeking for nullity of the Comelec’s decision to disqualify Mitra, Salonga argued that the Comelec had erred in claiming that Mitra’s declared residency in a lowly room in a farmhouse would not qualify his compliance to the law’s residency requirements for candidates.