The Commission on Elections (Comelec) has been asked to deny due course to or cancel the certificate of candidacy of actor Richard Gomez for the 4th Congressional District of Leyte for the actor’s failure to comply with residency requirements.

Gomez called the disqualification petition pure harassment.

“I welcome the challenge [because] it only proves how insecure my political rivals are,” Gomez told the Manila Bulletin in an exclusive phone interview.

In an 11-page petition for disqualification, Buenaventura O. Juntilla, a resident and registered voter of Precinct No. 0209A, Barangay Libertad, Ormoc City, said Gomez made a blatant misrepresentation in his certificate of candidacy when he stated that he is a resident of 910 Carlota Hills, Ormoc City.

The actor is married to an Ormoc native, model-actress Lucy Torres.

In his certificate of candidacy filed last November 30, Gomez stated his place of birth as Manila and that he was born on April 7, 1966. Juntilla, assisted by lawyers Francisco B. Sibayan and Princess Principe, said Gomez is a bona fide resident of Colgate St., East Greenhills, San Juan City and has not resided in any fixed place in Ormoc City.

“The one year residence requirement is aimed at preventing a stranger or newcomer unacquainted with the conditions and needs of a community and not identified with the latter from seeking an elective post to serve the community, and at excluding outsiders from taking advantage of favorable circumstances existing in that community for electoral gain,” Juntilla said.

He added that establishing residence in a community merely to meet an election law requirement defeats the purpose of representation, which is to elect through the assent of voters those most cognizant and sensitive to the needs of the community.

Juntilla’s lawyers quoted the Supreme Court’s decision in the case of Perez vs Comelec, 317 SCRA 546, that it is the “fact of residence, not a statement in the certificate of candidacy, which ought to be decisive in determining whether or not an individual has satisfied the Constitution’s residence requirement.”

Not being a resident of the address indicated under oath in his CoC or anywhere within the 4th District of Leyte, the respondent made utterly false material misrepresentation as contemplated in Section 78 of the Omnibus Election Code when he declared that he is a resident of the legislative district, the petitioner pointed out.

Gomez said he is still waiting for a copy of the petition from the Comelec before he could act.

“But it’s really good that someone filed for my disqualification because it will only prove more to the people how much of a threat my rivals think of my bid,” he said.

Gomez added that petitioner Juntilla is a known ally of Winnie Codillo who is also running for congressman in the 4th District of Leyte.

“They [rivals in politics] have been harassing us; they went to one of our councilors in LP [Liberal Party] a few days back forcing him to withdraw from running in the town of Mataob,” he said.

Still confident with his bid, Gomez said he believes residency is not the issue but his growing popularity in Ormoc.

“How can they question my residency? I’ve been married to Lucy who has lived in Ormoc. I have transferred my voter’s registration in March hence I’m now a registered voter in Ormoc and I have my residence certificate. “

The also actor stressed that his rivals continuously misinform the people of Ormoc.

“They’ve been telling the people that I’m running for Mayor and not for Congress. Tapos sinasabi din nila na hindi ako tatakbo. These are happening because  I’ve been ahead in surveys. In fact in one of their surveys I got 75 percent, 20 percent ahead ang ‘yes’ ko sa survey nila. But in our own survey I only got 52 percent rating.”