BACOLOD City – The Election Registration Board (ERB) of the Commission on Elections (Comelec) here junked the opposition to the application of former Negros Occidental 3rd District congressman Alfredo “Albee” Benitez to transfer his voter’s registration from Victorias City to Bacolod City.
On July 13, Barangay Mandalagan residents Hector Yula, Teodoro Abao and Jonah Abao filed their opposition to Benitez’s application alleging the former solon’s supposed failure to acquire domicile in their village at the time the latter filed his application.
“The Board cannot stretch the evidentiary weight of the oppositors’ affidavits and of their witnesses beyond what are clearly stated therein, that is, they are not residents of Mountainview Subdivision, Barangay Mandalagan, Bacolod City,” stated part of the resolution.
“As such, the Board is inclined to give more credence to the affidavits of the witnesses for respondent/registrant who are residents of Mountainview Subdivision and are thereby in a much better position to prove the presence of the respondent/registrant and the fact of his residency thereat,” it added.
Oppositors’ contention that before Benitez can be allowed to transfer his voter registration, respondent/registrant must “establish a new domicile before filing his application to register as a voter is gravely misplaced, the ERB added.
Section 9 of Republic Act 8189 set the residency requirement which is at least one year in the Philippines and, in the place wherein the applicant proposes to vote, for at least six months immediately preceding the election.
Moreover, the last of paragraph of Section 9 provides:
* Any person, who, on the day of registration may not have reached the required age or period of residence but, who, on the day of the election shall y possess such qualifications, may register as a voter.
“The Board finds respondent/registrant to have met the residency requirement of six months on the day of the election. Even if the period of residence of Benitez in Mountainview Subdivision, Barangay Mandalagan be reckoned from the time of his filing of application for transfer of registration record on April 22, 2021 until the eve of the election day on May 9, 2022,” it said.
Benitez would still be one year and 11 days a resident thereof, the resolution added.
The resolution was penned by Kathrina Caña, ERB chair and city Commission on Elections officer, Atty. Hermilo Pa-oyon, city civil registrar, and Gladys Amylaine Sales, assistant city schools superintendent as members of the ERB./PN
