Losing Kalinga candidate for vice gov disqualified

EDITORIAL

Politicians and those vying for public office through elections better take seriously and comply with the residency rule of the Commission on Elections or they could be booted out from public office even if they win.

Take this case even if the losing candidate was the one being questioned. The Comelec en banc recently disqualified the candidacy of Gregory Farnaw Claver who ran but lost for vice governor of Kalinga.

Almost three months after the May 13 synchronized national and local elections, the Comelec en banc reversed the earlier decision of the  poll body’s first division allowing Claver to run.

In its decision promulgated August 2, 2013 the Comelec en banc granted the motion for reconsideration of petitioner Allen Jesse Mangaoang reversing the earlier decision that favored Claver.

This disqualification case against Claver stemmed from Mangaoang’s petition questioning the residency of respondent “averring he lacks the one year residency” in the Philippines to qualify him to run as provided by law.

According to the en banc resolution, Claver joined the US Army on September 2005 and became a naturalized US citizen on Feb. 28, 2007.

It was only on Sept. 5, 2012 that he re-acquired his Filipino citizenship becoming a dual citizen.  He renounced   his American citizenship on Oct. 5, 2012.

“In this instant case, respondent abandoned his domicile of origin in the Philippines when he became a naturalized citizen of the United States of America on February 28, 2007. At that point, the USA became his domicile of choice,” the en banc resolution stated.

“It was only on September 5, 2012 that respondent re-acquired his Filipino citizenship upon his execution of the Oath of Allegiance to the Philippines and it is only then that we can correctly start counting the period of respondent’s residency for purposes of the May 13, 2013 National and Local Elections,” the resolution added.

Mangaoang hailed the Comelec decision  saying, “This strengthens my trust and confidence with our electoral system that justice, even a little bit delayed, ferrets out the truth for those seeking it.”

Dexter Barry Cawis, provincial election supervisor, said the decision is rendered “moot and academic” since the petitioner won the position of vice governor.

"It has no effect since Mangaoang won the position of vice governor and even if he lost, still the respondent could not assume since the senior board member will take the position," he explained.