Manila, Philippines –  Embattled Lipa City Mayor Meynardo A. Sabili has asked the Supreme Court (SC) to stop the Commission on Elections (Comelec) from enforcing a resolution that cancelled his certificate of candidacy (CoC) due to alleged lack in residency requirements.

Sabili was proclaimed winner in the May 10 elections with 55,268 votes as against the 48,825 votes garnered by his rival, then incumbent Mayor Oscar Gozos. He took his oath of office as mayor of Lipa City last June 30.

But on August 17, the Comelec en banc upheld the January 26 resolution made by its Second Division disqualifying Sabili from joining the mayoralty race.

The disqualification case stemmed from a petition filed by a certain Florencio Librea, who sought the cancellation of Sabili’s CoC on the ground that he is not a resident of Barangay Pinagtong-ulan and a registered voter of Precinct 407.

According to Librea, Sabili lives in San Juan, Batangas and failed a one-year residency requirement in Lipa City as required by Section 39 of the Local Government Code.

In an 11-page motion filed through his lawyer Romulo Macalintal, Sabili asked the SC to issue a temporary restraining order (TRO) against the Comelec.

Sabili argued that the poll body committed grave abuse of discretion when it ordered his disqualification. He also wanted the High Court to nullify the August 17 resolution for allegedly having been issued in violation of his right to due process.

He noted that the resolution on Librea’s petition was promulgated by the Comelec en banc without prior notice to the parties as required under Section 6 of Comelec Resolution No. 8696.

“In this case, the Comelec’s assailed resolution dated Aug. 17, 2010 was never set for promulgation in accordance with the provision of the Comelec’s own Resolution No. 8696. As such, the said resolution dated August 17, 2010 cannot be recognized nor can it be the basis of any action or defense,” Sabili said.

Sabili, in a petition he earlier filed with the SC challenging the Comelec resolution, insisted that he is qualified for the position of Mayor of Lipa City “because not only does he possesses the required residence qualification, he is also very much aware of the needs and problems of the said place as the people of Lipa City themselves have reposed their trust in him by electing him as their mayor.”

He pointed out that the poll body ordered his disqualification despite a certification issued by Dominador Honrade, chairman of Barangay Pinagtong-ulan, that he has been a resident of the village since 2007.

“Despite the presumption of regularity and evidentiary weight accorded by law to such certification of a barangay captain, and even though the barangay official who issued the certification is the first cousin of the wife of petitioner’s adversary in the mayoral elections in Lipa City such that the credibility of the barangay captain cannot be questioned, the respondent Comelec chose to disregard the said certification,” Sabili said.

Sabili also showed other documents including an affidavit, certifications from the Parish of Santo Niño of Barangay Pinagtong-ulan, a membership certificate from the Guardians Brotherhood’s Lipa chapter, income tax returns for 2007-2008, and a voter’s certificate from the Comelec.