Jomar files another disqualification case vs Jalosjos PDF Print E-mail
Friday, 02 November 2012 14:29

Adelante Zamboanga Party (AZP) President Jomar Lobregat has asked the Commission on Elections (Comelec) to disqualify former Zamboanga del Norte congressman Romeo Jalosjos from being a candidate in the May 2013 local elections.

Intended to protect the purity of elections as espoused by the Supreme Court, Lobregat filed the petition with the Commission on Elections (Comelec) Law Department in Intramuros, Manila, Monday, October 29.The petition is docketed SPA-13-164 (DC).

The petition is grounded on the fact that Jalosjos has lost his right to vote and be voted upon by virtue of his being convicted for two counts of statutory rape and six counts of acts of acts of lasciviousness, a decision that was declared final and executory by the Supreme Court in 2001.

Lobregat in his petition cited section 1 of Rule 25 of Comelec Resolution 9523 entitled “In the Matter of the Amendment to Rules 23, 24 and 25 of the Comelec  Rules of Procedure for Purposes of the 13 May 2012 National, Local and ARMM elections and subsequent elections” promulgated on September 25, 2012, which states the grounds for disqualification of candidates.

The rule states that “any candidate who, in an action or protest in which he is a party, is declared by final decision of a competent court, guilty of, or found by the Commission to be suffering from any disqualification provided by law or the Constitution”.

“These are the grounds of my petition. Jalosjos has been convicted for 2 counts of statutory rape and 6 counts of acts of lasciviousness—a decision that was declared final and executory by the Supreme Court in 2001 and which makes him suffer from perpetual and absolute disqualification to run for office”, the Adelante Zamboanga president said.

Lobregat asserted that the former Zamboanga del Norte solon’s right to vote and be voted upon was removed by absolute and perpetual disqualification from voting and holding office.

Under the Revised Penal Code, he stressed, when the right to vote and be voted upon is removed, such is done perpetually and can only be restored only by pardon. “Unless he was pardoned and the rights were restored, he cannot be a candidate. It has to be specific that his right to vote and be voted upon has been restored”.  

It was for this reason, Lobregat justified, that he opposed first, Jalosjos’ application for voter registration and second, Jalosjos filing of certificate of candidacy for mayor in the 2013 elections in Zamboanga City.

He emphasized that Jalosjos has committed a heinous crime and that the Court wants to protect society. “This is not intended to punish him but to protect us and the society from being run by someone convicted of a crime”.

“We also need a mayor that people can look up to, somebody who can be a model for the youths”, Lobregat, who is seeking the District II congressional seat said.
He hoped that the Comelec will hear his petition the soonest possible time. — Rey Carbonel