Brillantes ... 'wala kaming pakialam kay Aga'
THE Commission on Elections (Comelec) has no role in the case of actor
Aga Muhlach and his wife, former beauty queen Charlene Gonzeles, who both were
de-listed as voters in Camarines Sur.
“Wala kaming pakialam kay Aga.
Ang issue kay Aga is whether he can be a registered voter… Comelec has nothing to do with whether you
are a registered voter or not,” said Comelec chairman Sixto Brillantes Jr. on
Wednesday.
“The right to vote is judicial
kaya sa municipal court siya,” he added.
Muhlach’s removal from the voters’ list effectively nullified his
candidacy for congressman of the province’s fourth district in next year's
elections.
He was supposed to go against Wimpy Fuentebella, son of incumbent
Rep. Arnulfo “Noli” Fuentebella.
The Municipal Circuit Trial Court of San Jose, Camarines Sur de-listed
the couple in favor of the petition filed by the town’s Election Registration
Board, which reversed its earlier decision to allow Muhlach to run.
According to the court ruling, Muhlach and his wife failed to establish
their residency six months before the registration period, as required by
Comelec Resolution 9149.
The Constitution requires running district
representatives to be registered voter on the district the candidates intends
to represent.
Muhlach ... unregistered voter
Petition vs Aga
The couple registered on March 19, 2012, but a petitioner, Francisco
Dizon, said he only saw the couple on February 17, 2012, when he was asked to
accompany the couple to the house of his aunt, Fe Aluzan.
The court also ruled that Muhlach registered more than one year before
the May 2013 elections, as required by Comelec Resolution 9149 for “any person
who has not reached the required voting age or period of residence on the day
of the registration but will possess such qualifications on or before the May
2013 elections".
Muhlach’s lawyer Romy Macalintal had earlier said that his client has
bought a house in Camarines Sur and has continuously returned there as proof of
their residency.
Macalintal also questioned the basis to de-list Muhlach based on the
date the actor registered in Camarines Sur.
“Kapag ganyan ang magiging desisyon
ng Comelec o ng isang korte, delikado ang mga nagpa-register noong before May
12, 2012. Maaari silang ma-delist at isa na rito ang dating Pangulong Erap
(Joseph Estrada).”
Estrada has shifted his registration record to Manila from San Juan as
preparation for his mayorial bid for the 2013 polls.
What Aga could do
For Comelec spokesperson James Jimenez, what Muhlach could do is to
file a petition for inclusion with the municipal court.
“He should file a petition for
inclusion. That’s important kasi they have to determine kung dapat ba siyang
‘andun.
Magkakaroon siya ng opportunity to present evidence on why he should be
included,” Jimenez said.
If Muhlach fails to establish his residency, Jimenez said: “Then he
cannot run.”
Jimenez noted that it is not enough to have a house in the area to
establish residency.
“It’s not the house. Ang general understanding ng
residency is that it’s a place where you intend to return. Babalik at babalik
ka doon,” he said.
Meanwhile, Brillantes said they would handle the citizenship case of
Muhlach, who is accused of being a Spanish citizen.
The 1987 Constitution requires those running for a government position
to be a “naturally born Filipino citizen".
In Muhlach fails to prove his residency to regain his voter’s license,
Brillantes said the poll body will have to reject his congressional bid.
“If the court says he is not a
registered voter, madali na naming ma-resolve ‘yan. Kasi [being a] registered
voter is one of the qualifications to run,” Brillantes said. — KBK, GMA News
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