Court junks evidence vs Bacolor ‘flying voters’
BACOLOR — The Municipal Trial Court (MTC) here junked evidence filed by the Commission on Elections (Comelec) against an applicant requesting for a transfer of registration for the May 2013 polls.
The seven-page decision of Judge Lysander Montemayor ordered Chona Sagcal, Bacolor elections officer, and members of the election registration board to include the 39 petitioners from Barangay Sta. Barbara in the voters list, except for a certain Ramon Diamzon Marcelo.
The residents requested for a transfer of registration for the May 13, 2013 election.
Marcelo’s request was denied by the MTC because the decision said he formerly occupied a position in Barangay San Juan, Sta. Rita as chairman of youth council, thus “as to the reason or motive of his transfer, is highly suspicious.”
Sagcal denied the registration of the petitioners after Vice Mayor Ananias Canlas Jr. said the applicants are not bona fide residents of sitio Libutad, Barangay Sta. Barbara.
Canlas also accused the petitioners as flying voters.
Canlas, former mayor Buddy Dungca, and Engr. Ferdinand Labung earlier told reporters that there are thousands of flying voters in the town, adding they vowed to work to apprehend these people and even appealed to Mayor Jose Maria Hizon to work with them and help their advocacy to clean up the voter’s list of the town. Hizon, however, denied any knowledge of flying voters in the town.
Sagcal also cited Comelec resolution 9149 as basis of her decision, which states that the resolution is about “boundary dispute.”
Montemayor said, however, there is no case filed by the municipality of Sta. Rita against Bacolor or vice-versa involving a “barangay dispute.”
“The ground for denial of registration or transfer of registration of petitioners as voters as reasoned by Sagcal is therefore misplaced and unfounded,” Montemayor said.
The court found that the petitioners are actual residents of Libutad, Barangay Sta. Barbara, Bacolor town as evident by a certification issued by the office of the Barangay Council of Sta. Barbara.
“…Because of their belief that they can exercise their right to vote in Sta. Rita town, or in any other place or places although not residents of said place but actual residents of Bacolor… and to rectify this fundamental requirement of actual residence sought their registration or transfer of registration as voters to their actual place of residents, that is Bacolor. There is no prohibition for the petitioners to register or transfer their registration as voters as long as they meet the requirements imposed by law,” the decision read.
http://www.sunstar.com.ph/pampanga/local-news/2012/11/27/court-junks-evidence-vs-bacolor-flying-voters-255453
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