MANILA, Philippines - The Supreme Court (SC) has affirmed its ruling last April upholding the ouster of Mayor Gamal Hayudini of South Ubian town in Tawi-Tawi over the residency issue.
In a resolution last June 10 but released only on Monday, the SC stood by its ruling that the Commission on Elections (Comelec) was correct in canceling the certificate of candidacy of Hayudini last year after it was found that he was not a resident of South Ubian where he ran and won as mayor.
The SC denied the motion for reconsideration filed by the ousted mayor due to lack of substantial arguments, making the ruling final.
Hayudini’s rival, Mustapha Omar, questioned his qualification, saying he was not a resident of the town.
Hayudini, however, won the election and was proclaimed winner. But the Comelec granted Omar’s petition and canceled the mayor’s certificate of candidacy (COC) in a resolution on June 20 last year, which it upheld a month later.
In its ruling, the SC held that Hayudini committed false representation in his COC when he declared himself to be a resident of South Ubian.
“The votes cast in favor of the ineligible candidate are not considered at all in determining the winner of an election for these do not constitute the sole and total expression of the sovereign voice. On the other hand, those votes for the eligible and legitimate candidates form an integral part of said voice, which must equally be given due respect, if not more,” the SC said.