Manila, Philippines — The Supreme Court (SC) on Tuesday stopped the Commission on Elections (Comelec) from enforcing its resolution disqualifying Lipa City Mayor Meynardo A. Sabili from the mayoral  election last May due to alleged lack in residency requirements.

During its regular en banc session, the High Court issued a status quo ante order enjoining Comelec from implementing its August 17 resolution, which upheld the cancellation of Sabili’s certificate of candidacy.

The SC also directed the poll body to comment on Sabili’s petition within 10 days from receipt of the order.

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

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 ground that he is not a resident of Barangay Pingatong-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. Sabili 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 August 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.