Comelec junks disqualification case vs mayoralty bet in Candijay, Bohol

TAGBILARAN CITY, Philippines  â€” The Comelec’s First Division found no merit in the disqualification case filed by last-term Candijay Mayor Sergio Amora Jr. against Christopher Tutor, a mayoralty candidate of the United Nationalist Alliance (UNA).

Amora questioned Tutor’s residency, citing that the latter already transferred to Guindulman town with his wife and children since 1997. Tutor’s last voting record in Candijay was on June 21, 1997, but he reapplied and revalidated his registration as voter of the town only on August 9, last year, Amora alleged.

However, the Comelec pointed out in a five-page resolution promulgated last January 29 that “the term ‘residency’ was defined in Coquilla vs. Comelec as to be understood not in its common acceptation as referring to ‘dwelling’ or ‘habitation’, but rather to ‘domicile’ or legal residence.”

In the resolution signed by Comelec Presiding Commissioner Rene Sarmiento, Commissioners Armando Velasco, and Christian Robert Lim, “residence” refers to the place where a person “actually or constructively has his permanent home where he eventually intends to return and remain no matter where he may be found at any given time.”

The Comelec further said that Tutor had presented stronger evidence proving his residency in Candijay that contradicted to the even weaker evidences presented by Amora. These consisted of certifications from Barangay Captain Fe Amora and Barangay Secretary Nila Lao of Poblacion, Candijay attesting that Tutor was not a resident of their barangay; and the certificate of candidacy of Tutor’s wife, Kristine Alexie, who is running for vice mayor of Guindulman under Liberal Party with address in Barangay Sawang, Guindulman.

Tutor submitted his defense to the Comelec on Oct. 30 last year and sought for the dismissal of Amora’s petition for lack of merit. He proved that he was born on January 25, 1979 in Poblacion, Candijay and that he finished his elementary studies in Candijay Central School in 1991.

In 1997, he registered as voter in his hometown and “continuously exercised his right of suffrage, continued to live in Poblacion, Candijay. (FREEMAN)