Salud summoned for conference on Sitoy’s petition

Sitoy, in a petition filed in Comelec, seeks to deny due course and/or cancel Salud’s certificate of candidacy, citing that the latter is not qualified to run for mayor because he is not a registered voter of Cordova

THE Second Division of the Commission on Elections (Comelec) summoned boxing promoter and mayoral candidate Rex “Wakee” Salud for a conference to answer the petition filed by Cordova Mayor Adelino Sitoy last Oct. 5.

Sitoy, through his lawyer, Atty. Ferdinand Dungog, also received the notice for the conference, which will happen on Oct. 23 at the Comelec session hall in Intramuros, Manila.

Sitoy earlier filed a petition to deny due course and/or cancel the certificate of candidacy (COC) against Salud, citing that the latter is not qualified to run for mayor because he is not a registered voter of Cordova.

The Municipal Circuit Trial Court of Consolacion-Cordova earlier denied Salud’s bid to get recognized as a registered voter of Barangay Cogon, Cordova town in the sixth congressional district. It was also affirmed by the Regional Trial Court (RTC).

Verified answer

The Comelec Second Division also directed Salud to personally file or through his authorized representative a “verified answer” on the petition within five days from the day he received a copy of the summons with the notice of conference.

Among the matters to be tackled in the conference is the authenticity of the original and/or certified true copies and copies of documentary and real evidence.

Provincial Election Officer Ferdinand Gujilde said the legal counsels of both parties may appear during the conference without Sitoy or Salud’s presence.

Resolution

“Failure of the respondent or the authorized counsel to appear, the petition shall be deemed submitted for a resolution,” a part of the summon reads.

If Sitoy or his authorized counsel failed to appear during the conference, the mayor’s petition will be dismissed by the Commission, the summon added.

Salud filed his COC last Oct. 4 challenging the mayoral candidacy of reelectionist Sitoy in next year’s polls.

Aside from the petition, Sitoy will also file a perjury complaint against Salud for allegedly false statements in the latter’s COC and contempt of court for filing his candidacy even if he is not a qualified voter of Cordova.

Last Monday, Salud filed a motion to reconsider RTC’s decision that disqualified him as a voter of Cordova.

Lawyer Fillmore Gomos, Salud’s counsel, said if the court would junk their petition they might elevate their motion to the Court of Appeals where they can ask for a temporary restraining order.