Former Gov. Eduardo Nonato Joson. File photo Armand Galang
QUEZON, Nueva Ecija — The Commission on Elections ruled against the candidacy of former Nueva Ecija governor Eduardo Nonato Joson who is challenging his younger brother Mariano Cristino Joson for mayor of this municipality in the forthcoming elections.
In a decision promulgated on January 26, the Comelec First Division granted the petition to deny due course and/or cancel the certificate of candidacy filed against Eduardo Nonato by incumbent Mayor Mariano Cristino on Oct. 13, 2021.
Eduardo Nonato, who had also represented Nueva Ecija’s first district in Congress, filed his COC for mayor on Oct. 6, 2021.
In a social media post on Frtiday, Eduardo Nonato announced that his fight for the mayoralty post continues.
In his petition, Mariano Cristino claimed that his elder brother “committed material representation” when he declared in his COC that he is a resident of this municipality for 71 years and nine months before the May 9, 2022 polls.
Eduardo Nonato is “in fact a resident of Barangay Pacac, Guimba, Nueva Ecija,” the incumbent mayor told the Comelec in his petition.
The younger Joson also said that his brother “has long abandoned his domicile of origin” as he grew up in New Manila, Quezon City, pursued his studies in New York, and thereafter established residency in Guimba town.
To support his petition, Mariano Cristino submitted an affidavit of their mother, Araceli, which stated that the respondent studied in San Beda in Manila from grade school to law school while residing in their house in New Manila; and documents that show he (Eduardo Nonato) has been “a resident of Guimba from year 2000 up to present, he has no real property declared for taxation in this town, he transferred his voter’s registration records from here to Guimba as early as year 2000, and the ancestral house is declared for taxation purposes under the name of Clemencia Joson.”
Eduardo Nonato, in his answer filed on Nov. 19, maintained his domicile since birth is this town which he never abandoned.
He asserted that his “mere absence from his permanent residence without intention to abandon it does not result to a loss of residence.”
“The absence from the residence of origin to practice a profession does not constitute a loss of residence,” he told the Comelec.
He also maintained that the law does not require property to establish one’s domicile.
But in the ruling signed by Presiding Commissioner Rowena Guanzon and Commissioners Marlon Casquejo and Aimee Ferolino, the First Division found that the respondent “relied heavily on the fact that he was born in Quezon, Nueva Ecija, has an ancestral home thereat, and he visits there occasionally to claim that he has been a resident of the municipality.”
“However, such reliance is insufficient to establish that he is able to comply with the residency requirement,” it added.
In a Facebook post, Eduardo Nonato said he remains a candidate for the May 2022 mayoralty elections. “Sa kahit ano man kaso, Korte Suprema ang pinakahuling nagdedesisyon. Huwag po tayong mawalan ng pag-asa,” he said.
He recalled that a municipal trial court had approved his petition for inclusion in this town’s voters’ list.
“Una sa lahat, tayo ay nanirahan sa Manila noong tayo ay nag-aaral doon at may tinuluyan din na condominium noong tayo ay kongresista para sa pagdalo sa mga session. May tinuluyan din tayong bahay sa San Jose City at ganoon din sa Guimba para naman mabantayan ang ating maliit na lupang sinasaka. Ngunit sa kabila ng mga tinuluyan nating lugar, nananatiling Quezon ang ating hometown o domicile eka nga o permanenteng tirahan dahil dito tayo ipinanganak,” explained Eduardo Nonato.
