Court disallows inclusion of Cordova bet in voters’ list

FOR being confused about his particular residence and not stating a specific residence, the Municipal Circuit Trial Court Seventh Judicial Region has denied the petition of Cordova mayoral bet Pablo Villaber to be included in the list of registered voters.

This does not automatically mean, though, that he is disqualified from running for Cordova mayor since he can still appeal the decision, a Commission on Elections (Comelec) official said.

In a five-page decision signed by Presiding Judge Jocelyn Uy-Po on April 3, the court said it was not convinced that Villaber is a resident of Barangay Gabi, Cordova town.

“The fact that petitioner (Villaber) does not state any specific residence and is even confused where his particular residence is because he has another residence or is a domicile of another place,” part of the court decision read.

Earlier, the barangay captains of Gabi and Poblacion issued separate certifications stating that Villaber was not a resident of their barangays.

The issuance was an offshoot of the verification conducted by the Election Registration Board of Cordova to check Villaber’s correct residence.

A joint affidavit was submitted by Villaber’s son Paul and his employees Marycil and Alberto Saavedra, Rebecca Uy, Victoria Racaza and Winston and Delilah Rodriguez alleging that the mayoral bet put up a business in Cordova and resided there.

The court, though, found this to be “colored with self- interest.”

The court added that while the elder Villaber may have resided in these houses, it “does not engender the kind of domicile or residence that the law demands” because the latter allegedly intends to go back to Davao del Sur.

Section 117 of the Omnibus Election Code states that every citizen of the Philippines not otherwise disqualified by law, 18 years of age or over, who shall have resided in the Philippines for one year and in the city or municipality wherein he proposes to vote, for at least six months immediately preceding the election, may be registered as a voter.

“The denial of this court of the petition (of Villaber) does not in any way violate his constitutional right since his right to vote has not been negated. He can still validly vote on his previous domicile which could be Davao del Sur,” the judge said.

A candidate of Lakas-CMD, Villaber was headed to a fourpronged race against reelectionist Mayor Teche Sitoy, Dody Jumao-as of PDP-Laban and independent aspirant Sherly Pogoy.

Sought for comment, Acting Cebu Provincial Elections Supervisor Jerome Brillantes said Villaber may still appeal the decision.

“If ever he opts not to appeal, then the judgment will become final, hence, votes rendered to his favor will be a stray vote,” he told SunStar Cebu in a text message.

He said Villaber is not disqualified yet because the decision denying his petition as a registered voter of Cordova is not yet final and executory.

But if he decides not to contest the court’s decision, then he will be considered disqualified, said Brillantes.