Jalosjos disqualified PDF Print E-mail
Friday, 18 January 2013 14:27

In an en banc resolution issued last January 15, the Commission on Elections (Comelec) has cancelled the certificate of candidacy (CoC) of Romeo G. Jalosjos, thus disqualifying him to run for mayor in Zamboanga city.

The poll body took into consideration the Supreme Court’s (SC) decision in the case of People of the Philippines vs. Jalosjos for statutory rape that sentenced him to suffer the penalty of “reclusion perpetua” which carried with it the accessory penalty of perpetual absolute disqualification to be a voter. The Comelec also cited the decision of the Regional Trial Court of Makati, Branch 62, finding Jalosjos guilty of the charges against him.

The Comelec further said that Article 30 of the Revised Penal Code of the Philippines provides that one of the effects of perpetual absolute disqualification is the “deprivation of the right to vote in any election or any popular elective office or to be elected to such office.”

The chairman and the six commissioners of the poll body were one in stating that even without a petition under either Section12 or Section 78 of the Omnibus Election Code, or under Section 40 of the Local Government Code, the “Comelec is under legal duty to cancel the certificate of candidacy of anyone suffering from the accessory penalty of perpetual special disqualification to run for public office by virtue of a final judgment of conviction” which served notice to the Comelec  of  the disqualification of the convict from running for public office.

In addition, the Comelec said emphasis should be given to the fact that the Zamboanga RTC, Branch 14, issued an order on Oct.31, 2012, which is deemed final and executory, by virtue of Section 33 of the Voter’s Registration Act of 1996, dismissing the appeal of Jalosjos and affirming the decision of the Municipal Trial Court denying Jalosjos’ petition for inclusion of his name in the permanent list of voters in the second district of Zamboanga city.

As a result Jalosjos’ non-inclusion in the list of voters of Precinct No. 1465-A in the second district of Zamboanga city, his CoC for the position of mayor in the May 13, 2013 elections should also be cancelled.

In parting, the Comelec said: “In view of the foregoing, the Commission resolved, as it hereby resolves to cancel and deny due course the Certificate of Candidacy filed by Romeo G. Jalosjos as mayor of Zamboanga city in the May 13, 2013 national and local elections.”

Penning the resolution were Chairman Sixto S. Brilliantes, Jr. and commissioners Rene V Sarmiento, Lucenito N. Tagle, Armando C. Velasco, Elias R. Yusoph, Christian Robert S. Lim and Maria Gracia Cielo M. Padaca.

In a separate resolution, the certificate of candidacy of Jalosjos’ brother Dominador, whose intention was to run for governor in Zamboanga del Sur, was also cancelled by Comelec for similar reason that he was convicted of robbery by a  Cebu court.

“We disqualified or we actually canceled the certificates of candidacy of brothers Romeo Jalosjos and Dominador Jalosjos,” Comelec Chairman Sixto Brillantes, Jr. told newsmen in Manila.  — Bob Jaldon