BY EUGENE Y.ADIONG
BACOLOD City – The 1st Division of the Commission on Elections (Comelec) voided the candidacy of a barangay captain in Cauayan, Negros Occidental for failing to meet the residency requirement for election candidates.
The barangay captain was Ernie Magbanua of Poblacion, Cauayan.
Comelec also ruled that the “lawfully” elected barangay captain of Poblacion, Cauayan in the election October last year was Sergio Esmores.
In a seven-page decision dated June 4, 2014, Comelec Presiding Commissioner Lucenito Tagle and Commissioners Christian Robert Lim and Al Parreño ordered the Board of Canvassers of Brgy. Poblacion to proclaim Esmores as the winning candidate.
It was Esmores who sought the disqualification of Magbanua.
He submitted to the Comelec Magbanua’s previous certificate of candidacy for vice mayor showing that the latter was a resident of Brgy. Isio and not of Brgy. Poblacion.
Esmores also submitted a certified true copy of an excerpt from the list of voters in Precinct No. 112A of Brgy. Isio as of May 13, 2013 showing that Magbanua was a resident of that village.
Magbanua countered that the petition of Esmores was “fatally defective and devoid of any legal and factual basis.”
He presented documents – driver’s license and other identification cards – as proof of his residency in Brgy. Poblacion but these failed to convince the Comelec.
Those were not conclusive to establish one’s residency in a place, Comelec ruled./PN
