It’s final: SC upholds disqualification of Tawi-Tawi mayor

The Supreme Court has upheld with finality the disqualification of a mayor in Tawi-Tawi who was found to be a non-resident of the town where he ran for office in the 2013 elections.

 

"The Court resolved to deny with finality the said motion for reconsideration as no substantial arguments were presented to warrant the reversal of the questioned decision," the SC ruled.

 

The high tribunal ruled that the Comelec's Second Division was right when it cancelled on June 20, 2013 Hayudini's certificate of candidacy (COC) after it was found that he was not a resident of South Ubian when he ran for mayor in May 2013.

The Comelec also proclaimed Salma Omar, who garnered the second highest votes, next to Hayudini, as the duly elected mayor.

 

The Comelec en banc eventually upheld its Second Division's ruling on July 10, 2013, prompting Hayudini to elevate the matter to the Supreme Court.

 

“The Comelec Resolutions dated June 20, 2013 and July 10, 2013 are hereby affirmed. No pronouncement as to costs,” read the SC ruling.

 

Citing the Omnibus Election Code, the SC held that Hayudini committed false representation in his CoC when he declared he was a resident of South Ubian.

 

“[C]ontrary to Hayudini’s belief, the will of the electorate is still actually respected even when the votes for the ineligible candidate are disregarded,” the SC said.

 

“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 from an integral part of said voice, which must equally be given due respect, if not more," it added. — Mark Merueñas/RSJ, GMA News