The Commission on Elections (Comelec) has tossed out the candidacy of a brother-in-law of Ormoc City Mayor Richard Gomez for councilor of Leyte province for alleged misrepresentation in his certificate of candidacy. , saying he misrepresented his place of residence.
In a resolution issued last April 22, the Comelec 2nd division ruled that Vincent Rama, an incumbent councilor of Ormoc City, lacked the required residency to qualify as candidate for board member of Leyte province.
The poll body upheld the petition filed by lawyer Antonio Lopez, counsel of a certain Jesus Ortadilla, to cancel and deny due course to Rama’s certificate of candidacy (CoC) for membership in Leyte’s Sangguniang Panlalawigan.
Ortadilla asserted that Rama’s CoC was flawed for declaring his residence as Block 2, Lot 12, Dona Concepcion Village, Kanangga, Leyte, and had been living there for one year and three months prior to the filing of his CoC.
Ortadilla argued that Rama’s actual residence was No. 908 Carlota Hills, Barangay, Can-adieng, Ormoc City, the same address stated in the CoC he filed when he ran for Ormoc councilor in 2018.
Citing Republic Act 179 or the Ormoc City charter, Ortadilla pointed out that being a resident of chartered city like Ormoc, Rama was barred from running for a provincial post, since the city was considered independent from the province.
The petitioner also said Rama still carries out his duties and responsibilities as Ormoc City councilor when he filed his COC for a higher office.
Rama denied the allegations, saying it was a family decision to settle down in the rural area of Kananga in 2020. He said his family enjoyed the “quiet and simple environment, and conductive to the development” of his growing child.
But the poll body noted inconsistencies in Rama’s defense, among his failure to attach approval from the Election Registration Board on his application for registration.
For one, the absolute deed of sale on the Kananga property as presented by his wife, Maria Carmen Jean Torres-Rama, indicated the place as Barangay Lonoy, not Barangay Poblacion as asserted by the respondent.
The Comelec also said Rama’s certificate of residency purportedly issued by Barangay Poblacion did not contain the starting date of his residency.
The Comelec underscored that under the Omnibus Election Code, an elected official is mandated to stay in the locality for the entire term of his elective position.
Misrepresentation was also noted on the part of Rama’s witnesses who claimed that he participated in several events in Kanangga, one of which was a Christmas party that supposedly took place on December 11, 2020.
Comelec officials pointed out that the tarpaulin at the background showed “Christmas Party 2021” to describe the event.
The ruling also stated that Rama’s continued discharge of his functions as Ormoc councilor was a “material misrepresentation which disqualifies him” as candidate for SB member in the 4th District of Leyte.
“Therefore, we find that Respondent committed false material representation under Section 8 of the OEC in his subject COC,” the Comelec panel ruled.
The ruling was signed by the three-man panel chaired by Commissioner Marlon S. Casquejo as chairperson; and Commissioners Rey Bulay and George Erwin M. Garcia as members.