Republic of the Philippines

@ommiggion on @[ediongManila

EN BANC

IN THE MATTER OF THE PETITION TOEXCLUDE ANGELIE T. TAN ASREGISTERED VOTER OF PRECINCTNO. 01OOB, BARANGAY CAGNIPA,CALBAYOG CITY, SAMAR AND THECERTIFICATE OF CANDIDACY FILEDBY ANGELIE T. TAN AS MAYOR OFCALBAYOG CITY, SAMAR IN THE MAY13,2013 NATIONAL AND LOCALELECTIONS.

BRILLANTES, SIXTO S. JR.TAGLE, LUCENITO N.YUSOPH, ELIAS R.LIM, CHRISTIAN ROBERT S.PADACA, MARIA GRACIA CIELO M.pARnENo, AL A.GUIA, LUIE TITO F.

Promulgated:

RESOLUTION NO. 9695, .,} \considering the Decisionl dated May 6, ,o,%;";by the Regionar

Trial Court, Branch 32 of Calbayog City which is deemed final and exeiutoryby virtue of section 33 of Republic Act No. 81892 (otherwise known as TheVoter's Registration Act of 1996), to wit:

"WHEREFORE, after a judicious review of the records of theseappealed cases, this Honorable court resolves to grant the appeal. TheElection officer of calbayog city is hereby ordered to exctude fromthe List of voters in Precinct No. 01008 the name of respondentANGELIE TEE TAN DELA CRUZ immediatety.

SO ORDERED.'

As elucidated in the cases of Dominador G. Jalosjos, Jr. v.commission on Elections and Agapito J. cardino3 and Agapito J. cardino v.commission on Elections and Dominador G. Jatosjos, Jr.4, the commission isunder a legal duty to abide by the finaljudgment issued by the judiciary actingmotu proprio, without a need for any petition, and that non-compliance thereofwill render the Commission remiss of its constitutional duty to enforce andadminister all laws relating to the conduct of elections.

ln addition, as a result of the granting of the pdtition for Exclusion inthe aforementioned consolidated cases, the Certificate of Candidacy filed byAngelie T. Tan as Mayor of calbayog city, samar in the May 13, 2013National and Local Elections should likewise be cancelled. lt is clear fromSecfron 39(a) of the Local Government Code that an elective local official

'Civil Case No. 2013-003 EXCL Gary Robido y Caridad v. Angelie Tee Tan, et.al. and Civil Case No. 2013-004 EXCLMyrna Labor y Lipata v. Angelie Tee Tan, el. a/.' Section 33, Republic Act No. Jurisdiction in lnclusion and Exclusisn Case. The Municipal and Metropolitan Trial Courtsshall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities ormunicipalities. Decisions of the Municipal or Metropolitan Tr.ial Courts may be appealed by the aggrieved party to theRegional Trial Court within five (5) days from receipt of notice thereof. Othena/se, said decision shall become final andexecutory. The regional trial court shait decide the appeal within ten (10) days from the time it is received and thedecision shall immediately become final and executory. No motion for reconsideration shall be entertained.3 G.R. No. 193237, October g,2o't2. . I\a G.R. No. 193536, October g,2012. Commission on Electio-ns ---. ^,, '/W

oTTICT Oi iHi COMNIISSION SECRETARY

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must be a registered voter in the municipality or city where he intends to beelected, to wit:

.SECTION 39. Qualifications. - (a) An elective local official must be acitizen of the Philippines; a registered voter in the barangay,municipality, city, or province or, in fhe case of a member of thesangguniang panlalawigan, sangguniang panlungsod, orsangguniang bayan, the district where he intends to be elected; aresident therein for at least one (1) year immediately preceding the dayof the election; and able to read and write Filipino or any other locallanguage or dialect." (Emphasis Supplied)

ln view of the foregoing, there being no order or resolution emanatingfrom the higher courts restraining the implementation of the aforementionedfinal and executory decision, the Commission RESOLVED, as it herebyRESOLVES, to W,Et the Certificate of Candidacy filed by and REMOVE

from the Certified List of Candidates the name of Angelie T. Tan as Mayor ofCalbayog City, Samar in the May 13, 2013 National and Local Elections forfailure to comply with the qualifications of an elective local official.

Let the Law Department implement this Resolution.

SO ORDERED.

YltcC ** faverCHRISTIAN ROBERT S. LIM

Commissioner

frr*,r^ lil, /ol"*IA C|ELO M. PADACA

Commission on Elections

oFFlcE oF rHE CoMMlssloN sElrETAlY

-nir,;*MARIA GRAC

Commissioner

CERTIFICATION

I hereby certify that the conclusions in the ,Oor" resolution were

reached in consultation among the members of the Commission before'thecase was assigned to the writer of the opinion of the Commission (en banc)'

LUCENITO TVTAGLE

GUIA

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