DINGRAS, Ilocos Norte -- The Commission on Elections has upheld the ruling of its Second Division unseating Mayor Marynette Gamboa of this town after finding she is wanted in the United States on felony charges.
In a seven-page resolution, the Comelec said they found no reason to reverse the decision of the Second Division, declaring Gamboa as “disqualified from running for the position of mayor” of Dingras.
“In an attempt to extricate herself from her predicament, Gamboa tried to explain why the warrant of arrest was unjustifiably issued and that she has not been apprehended by the US authorities despite her stay therein,” the resolution stated.
Gamboa’s candidacy was questioned by petitioner Nathaniel Ruben Taylan, claiming that she is a fugitive from justice in relation to a warrant of arrest issued by the Supreme Court of California, County of Ventura.
“It is not our task to decide on the property of the warrant of arrest against Gamboa. What is clear to us and remains undisputed is that Gamboa was indicted for three felony charges in the State of California and that prosecution was ongoing until her unexplained failure to appear during the April 30, 1998 hearing. Consequently, Gamboa’s bail was forfeited and a bench warrant was issued against Gamboa,” the ruling showed.
The decision stated that Gamboa’s proclamation “is hereby annulled” and the succession to the concerned post shall be governed by the provisions of Section 44, first paragraph of the Local Government Code of 1991.
Such provisions state that “if a permanent vacancy occurs in the offices of the governor, vice governor, mayor or vice mayor, the highest ranking Sanggunian member or, in case of his permanent inability, the second highest ranking Sanggunian member, shall become the governor, vice governor, mayor or vice mayor, as the case may be.”
Subsequent vacancies in the concerned office shall be filled automatically by the other Sanggunian members according to their ranking.
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