Comelec disqualifies barangay captain, 'funeral parlor not a family home,' says execs
BACOLOD CITY -- The Commission on Elections (Comelec) En Banc has given Barangay Captain Gloria Alisbo of Brgy. 9, Bacolod City five days to file a Motion for Reconsideration before the Supreme Court (SC). Beyond that, the commission's ruling disqualifying her from being barangay chairman will become final and executory.
Bacolod City Comelec Officer Atty. Mavil Majarucon said the en banc denied the motion for reconsideration of Alisbo for lack of merit, seeking the setting aside of the resolution of the Comelec Second Division on the petition for disqualification filed against her opponent last 2007 barangay election, incumbent barangay captain during that time Gary Yanson.
The Commission upheld the resolution of the Comelec Second Division promulgated Feb. 28, 2008 ordering Alisbo's disqualification from being barangay chairman and the succession of the highest ranking barangay kagawad of Brgy. 9.
In a copy furnished to The News Today (TNT), the En Banc resolution dated Sept. 29, 2008, said the motion for reconsideration of Alisbo failed to persuade the commission. It cited that she did not specifically point out what part of the disposition was contrary to law and jurisprudence.
The Commission said that it finds correct, contrary to movant's complaints, the Second Division's evaluation of the evidence adduced by both parties. Its ruling that the evidence presented completely showed that respondent's and her husband's domicile is Brgy. Mandalagan and not Brgy. 9, is definitely in order, the Decision went.
As last persuasive shot, or possibly in order to inject new matter of substance into the motion, the movant is wrong when she protested that she had already been proclaimed the winner in the elections on Oct. 29, 2007, thus the Commission cannot simply disentangle and strip the people of their sovereign will, the Decision further stated.
It added that no less than the SC had pronounced that when a candidate is found to be ineligible to the post to which he is elected, his election becomes of no moment.
Alisbo was disqualified as chairman of Brgy. 9 because it was proven base on the ocular inspection conducted by the Comelec that she is not a resident of the barangay.
Yanson had filed a petition for disqualification against Alisbo on Oct. 22, 2007 claiming that she is a resident of Purok Santol, Brgy. Mandalagan and not of Brgy. 9.
"The residence indicated by Alisbo in her Certificate of Candidacy is not the place where she lives but the business address of the funeral parlor owned by her family", Yanson said..
However, Gloria Alisbo, wife of Councilor Catalino Alisbo, said she is a resident of Purok Daisy, Brgy. 9 and her case does not fall among the enumerations of the grounds for disqualification listed in Section 3 of Comelec Resolution 8297, and asked for the dismissal of the petition filed by Yanson.
The new en banc resolution was not yet received by Alisbo and even Yanson's lawyer, Atty. Allan Zamora. Unfortunately, Alisbo's legal counsel-former Bacolod Councilor Inocencio "Puake" Ferrer passed away only last month.
The resolution was signed by Comelec chairman Jose Melo and commissioners Rene Sarmiento, Nicodemo Ferrer, Noslemen Macarambon, Leonardo Leonida and Lucenito Tagle.