SASMUAN, Pampanga- The Office of the Solicitor General (OSG) has confirmed as valid the decision of the Commission on Elections (Comelec) to unseat this town’s Mayor Nardo Velasco who earlier accused the poll body of “abuse of discretion”.
Solicitor General Agnes Devanadera and associate solicitors Jayrous Villanueva and Renan Ramos said in their decision dated Oct. 21 the Comelec was right in cancelling Velasco’s certificate of candidacy and declaring his proclamation (as mayor) null and void.
Velasco has not vacated the mayor’s post here amid his pending appeal before the Supreme Court.
The OSG noted that Velasco, who was born here, had migrated to the US in 1983 and “subsequently became a US citizen”. On July 31, 2006, he again took his oath of allegiance to the Philippines at the Philippine consulate in San Francisco in the US after he availed himself of dual citizenship under Republic Act No. 9225.
“The real issue here is the petitioner’s (Velasco’s) misrepresentation of residence in his certificate of candidacy which became the basis of the Comelec in cancelling his certificate of candidacy and declaring his proclamation null and void,” the OSG said.
The OSG noted that on Oct. 13, 2006, Velasco tried to register as voter in this town, but the local election registration board (ERB) barred him on the basis of his lack of residency requirement as required by law.
On Feb. 9, 2007, however, the local municipal trial court (MTC) ordered that he be included in the voters’ list of Sasmuan.
One Emmanuel Ferrer, a supporter of mayoral candidate Mozart Panlaqui, appealed the case to the regional trial court (RTC) in Guagua which, on March 1 last year, junked the MTC verdict.
The Court of Appeals, acting on Velasco’s petition, initially upheld the MTC verdict in his favor but later, on Aug. 19, amended its decision and declared it had no jurisdiction over the case.
The OSG verdict also recalled that while Velasco’s case was pending before the CA, Velasco’s political opponent Panlaqui asked the Comelec to cancel Velasco’s certificate of candidacy before last year’s May 14 mayoral elections.
On July 6, 2007, the Comelec’s second division cancelled Velasco’s certificate of candidacy, citing his lack of one-year residency requirement.
The following Oct. 15, the Comelec en banc upheld the verdict of its second division.
Last March 5, the Comelec en banc issued a writ of execution asking Velasco to “vacate the position of municipal mayor of Sasmuan, Pampanga.”
Even as he appealed his case before the Supreme Court which has yet to decide on it, Velasco filed before the OSG a complaint against the Comelec which he accused of abuse of discretion.
The OSG said “the petitioner was given opportunity to file his answer and present his case” and that “his right to due process was not violated”.
The OSG also validated the Comelec’s authority to decide on Velasco’s case on the basis not only of the Omnibus Election Code, it noted, but also on the basis of the Constitution.
It also cited provisions in the Local Government Code that belied Velasco’s claim that he had been a resident of this town. It noted that Velasco’s “frequent and regular trip to the Philippines and stay in Sasmuan, Pampanga cannot be considered as a waiver of status as a permanent resident or immigrant of the US prior to July 31, 2006”.
For his part, Panlaqui appealed to the Supreme Court to act on Velasco’s case. He was the only opponent of Velasco in the last mayoral race.
