Comelec division cancels COC of Leyte provincial board candidate

The Commission on Elections (Comelec) has cancelled the certificate of candidacy of Ormoc City councilor Vincent Rama, who is running for Leyte's provincial board in Eleksyon 2022.

In a resolution promulgated on April 22, the Comelec Second Division granted the instant petition to deny due course filed by a resident of Kananga, Leyte against Rama, alleging "material misrepresentation" on the part of the Ormoc City official.

"Wherefore, premises considered, the Petition is granted. Responded Vincent L. Rama's COC for Member of Sangguniang Panlalawigan, 4th District, Province of Leyte for the 09 May 2022 NLE is hereby cancelled and denied due course, and votes that he may garner in the 09 May 2022 are considered stray," the Comelec resolution read.

According to the Comelec ruling, Rama had stated in his COC that his residence was in Kananga, Leyte and his period of residence in the said district was one year and three months.

However, the petitioner, Jesus Ortadilla, claimed that the correct residence of Rama was in Ormoc City, Leyte.

Ortadilla claimed that Rama committed material misrepresentation in his COC because the latter continued to be a resident of Ormoc City, Leyete which is a violation of Section 89 of Republic Act 179 or the Charter of Ormoc CIty and Article X, Section 12 of the 1987 Constitution.

Under Section 89 of RA 187, qualified voters of Ormoc City "shall not be qualified and entitled to vote in the election of the provincial governor and the members of the provincial board of the Province of Leyte."

Section 12 of the same law says that highly-urbanized cities as determined by law shall be independent of the province.

Rama denied the allegations argued in the petition, claiming that he had already abandoned his residence in Ormoc and acquired a new domicile of choice in Kananga, Leyte.

But the petitioner said in his memorandum that Rama "retained and held on to the residence at Ormoc City with no intent to relinquish it, as this same address was presented by his wife, Carmen Jean Rama, as her place of residence in her own certificate of candidacy for the post of member, sangguniang panglungsod Ormoc City.

According to the Comelec Second Division, Rama's declaration tht he is a resident of Kananga, Leyte for one year and three months, and eligible for office as member of Sangguniang Panlalawigan, 4th Distric, Province of Leyte, "all refer to material representations" contemplated in Section 78 of the Omnibus Election Code.

The body noted the inconsistencies in Rama's arguments, including the absence of attached approval from the Election Registration Board on Application for Registration; the residence of Maria Carmen Jean Torres-Rama on the Deed of Absolute Sale, dated 21 March 2018 in Kananga Leyte which was presented as evidence before the Comelec is different from the address that Rama declared in his COC, among others.

Even if Comelec considers Rama as a registered voter of Kananga, Leyte, the ruling stated that the question remains whether he is discharged of his functions as councilor of Ormoc City is a material representation which disqualifies him as candidate for the provincial government post.

"Herein, when Respondent filed on 08 October 2021 his COC for Member, Sangguniang Panlalawigan, 4th District, Province of Leyte for the 09 May 2022 NLE, he was still the incumbent Councilor of Ormoc City," the Comelec resolution read.

"That verily, as a continuing requirement or qualification, the elected official must remain a resident there for the rest of his term. Respondent's incumbency as Councilor of Ormoc City, an independent component city, requires him to continuously remain a resident thereof for his entire tenure," the poll body explained.

The Comelec concluded that Rama had "committed false material representation" under Section 78 of the OEC in his COC.

"Moreover, Respondent signed his COC, and subscribed and sworn to the veracity of his declarations therein, indicating that his false representations are deliberate, and will effectively mislead the electorate on his qualifications as Member of Sangguniang Panlalawigan, 4th District, Province of Leyte," the ruling said.

The ruling was signed by Comelec Second Division Chairperson Marlon Casquejo, and Commissioners Rey Bulay and George Erwin Garcia. —NB, GMA News