The 2022 election of Frank Ong Sibuma as mayor of Agoo, La Union has been upheld by the Supreme Court (SC).
The SC Public Information Office (SCPIO) said that last Jan. 24 the tribunal ruled to grant the petition of Sibuma to nullify the rulings of the Commission on Elections (COMELEC) Second Division that cancelled his certificate of candidacy (CoC) that resulted in the annulment of his proclamation and proclaim instead Stefanie Ann Eriguel Calongcagon.
“The Court faulted the COMELEC Second Division with grave abuse of discretion when it ordered the cancellation of Sibuma’s CoC without any prior finding that he had committed a ‘deliberately false and deceptive representation’ of his residence qualification,” the SCPIO said.
“The Court explained that it is essential that a false representation under Section 78 be committed with a ‘deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible’,” it explained.
This means, the SCPIO stated, “the false material representation ‘must be made with a malicious intent to deceive the electorate as to the potential candidate’s qualifications for public office’.”
The COMELEC Second Division acted on the complaint of Alma Panelo who sought the cancelation of the CoC “on the ground that he falsely represented in his CoC that he is a resident of Brgy. Sta. Barbara, Agoo, when allegedly he is a resident of San Eugenio, Aringay, La Union.”
“The Court held that Sibuma’s declaration of residency in his CoC proceeded from his good faith and firm belief that he possesses the required residency for the position vied for. That his domicile remains to be Agoo, La Union and that he is a bona fide resident thereof were confirmed by his documents in support thereof,” the SCPIO said.
The SCPIO added that the tribunal also “faulted the COMELEC Second Division with grossly unreasonable appreciation and evaluation of evidence when it relied on the Certification issued by Punong Barangay Eriguel, who is the paternal aunt of Eriguel Calongcagon, that Sibuma is not a resident of Sta. Barbara, Agoo, La Union.”
“The Court explained that the certification’s pro-forma statement of no record of residency necessarily yields to Sibuma’s positive evidence collectively establishing not only his physical presence but also his domicile in Agoo, La Union,” it said.
