Negros Occidental Provincial Elections Officer Jessie Suarez yesterday said he is asking the Commission on Elections commissioners to consider moving the filing of certificates of candidacy for the May 2013 elections from October 1 to 5 to November this year.

Suarez also disclosed that the COMELEC served a writ of execution Monday directing all of the barangay officials of Barangay Lipat-on, Calatrava to vacate their posts, and has directed its Legal Department to file perjury raps against the barangay captain of Tabun-ac, Toboso, before the Department of Justice.

Suarez said he is relaying his suggestion on the moving of the filing of CoCs from October to November to the COMELEC commissioners in a letter, but submits to their wisdom on the matter.

He is suggesting the move for the filing of CoCs because in October they will still be registering voters, the deadline of which is October 31.

Considering the culture of Filipinos of waiting to register to vote until the last minute, Suarez said COMELEC offices could be filled with voter registrants at the same time that candidates are filing their CoCs.

He noted how some candidates are accompanied by a lot of supporters, including bands, when they file their CoCs.

I am writing for the consideration of the commission to move the filing of the COCs a little to allow the voters registration activities to wind down first, he said.

Meanwhile, Suarez said he did not know yet if a special election for a congressman of the fifth district of Negros Occidental will be held with the death of Rep. Ignacio Arroyo.

“It looks like there will be a lack of material time but as soldiers of the commission we are always ready to proceed,” he added.

OFFICIALS REMOVED

Meanwhile, he said the COMELEC has served a writ of execution on the officials of Barangay Lipat-on, Calatrava, to vacate their positions after a failure of election was declared in their barangay.

Ordered to vacate their positions and to cease and desist from performing their functions were barangay captain Ned Damondamon and Kagawads Amado Cajelo, Emilia Cahilo, Randyl Sotes, Alberto Orgue, Ana Maria Sario, Lamberto Daulong and Jummy Balentogo.

Suarez said he is sending the return of service of the writ to the office of the COMELEC deputy director for operations so the calendar of activities of the special elections in Barangay Lipat-on can be set, he added.

The COMELEC en banc declared a failure of election in Lipat-on on October 15, 2010 because the path to the polling place had been blocked and only 249 of 800 voters in the barangay were able to vote, Suarez said.

He also said no votes were cast for the Sangguniang Kabataan candidates.

CASE DISMISSED

The COMELEC en banc has also dismissed a complaint filed against barangay captain Ofelia Pati-on of Tabun-ac, Toboso, Negros Occidental, but ordered the filing of a complaint against her before the Department of Justice.

A complaint had been filed against Pati-on for serving more than three consecutive terms as barangay captain, when only three are allowed.

She was elected Tabun-ac barangay captain in May 9, 1994, May 12, 1997, July 15, 2002, Oct. 29, 2007, and Oct. 25, 2010.

Pati-on does not deny that she had been elected four times before when she filed her CoC for the 2010 barangay elections. However, she claims that her suspension for six months from Oct. 9, 2006 to April 8, 2007 by way of administrative penalty served as an interruption in the continuity of her service such that she could not be considered to have completed three consecutive terms as barangay captain and is still qualified to run for the same office for the fourth time, the COMELEC resolution noted.

But the COMELEC en banc resolution said “We are of the contrary opinion.”

The Supreme Court’s ruling in Borja vs. COMELEC states that “interruption of a term exempting an elective official from the three-term limit rule is one that involves no less than involuntary loss of title to office” and “temporary inability or disqualification to exercise the functions of an elective post, even if involuntary, should not be considered an effective interruption of a term because it does not involve the loss of title to office or at least an effective break from holding office; the office holder, while retaining title, is simply barred from exercising the functions of his office for a reason provided by the law.”

PERJURY EYED

Applying the SC decision in the case versus Pati-on, the COMELEC en banc said it believes she is no longer qualified to run for barangay kagawad of Tabun-ac in the 2010 polls because of the three-limit rule.

It is, however, up to the Department of Justice to determine probable cause for perjury made in the respondent’s COC, the COMELEC en banc resolution said.

The COMELEC dismissed the complaint against Pati-on but directed its law department to file a complaint against her with the Department of Justice for appropriate action.

Suarez also said it should be the DILG that should initiate the proceedings for the removal of Pati-on from office.*CPG

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