PAGADIAN CITY, Zamboanga del Sur, June 13
(PNA) –- It’s a go for returning and Mayor-elect Wilfredo Asoy Sr. to assume
the mayoralty post on June 30 in the nearby town of Dinas in this province.
The Commission on Elections (Comelec) Second
Division has dismissed the disqualification case filed by incumbent and
outgoing Dinas Mayor Basilio Vidad against Asoy.
The resolution dismissing the case against
Asoy was promulgated on May 8, 2016 by the second division chaired by Comelec
Commissioner Al Parreño.
Vidad has filed a petition before the Comelec
praying to declare null and void Asoy’s certificate of candidacy on the basis
that the Ombudsman has found probable cause and has filed malversation and
corruption charges with the Sandiganbayan against the returning mayor.
The case against Asoy stemmed from his
alleged failure to liquidate and account PHP2.4 million in government funds
since 2011. Asoy served as mayor of Dinas for three straight terms from 2004
until 2013.
However, lawyer Domingo Redelosa IV, the
legal counsel of Asoy, said the Comelec turned down the petition of Vidad since
the Sandiganbayan has not yet rendered a decision on the cases filed against
his client.
“From the foregoing, it is clear that
finality of the decision from a competent court finding respondent to be
suffering from a disqualification is necessary.
In the case, the Ombudsman resolution
referred to by the Petitioner only points to a finding of probable cause to indict
the respondent,” the Comelec second division stated in its decision.
“Probable cause, for purposes of filing a
criminal information, has been defined as such facts as are sufficient to
engender a well-founded belief that a crime has been committed and that
respondents are probably guilty thereof. As such, the finding of probable cause
has no bearing to the instant Petition, that these reasons the Commission
decided to dismiss the case,” the Comelec added.
Redelosa said Asoy was elated over the
decision of the Comelec.
Redelosa added they will furnish a copy of
the Comelec decision to the Regional Trial Court Branch 19 in this city since
there is a pending similar case (Quo Warranto) Vidad has filed against Asoy.
Asoy is optimistic the RTC will also dismiss
the case against him filed by Vidad.
He vowed to further develop the town of Dinas
once he will assume as mayor on June 30.
Asoy said he will give priority to peace and
order program and will promote Dinas as a peace-loving municipality.
Asoy ran and won a barangay chairperson in
Don Jose, Dinas, after he ended his third term as town mayor in 2013.
Later on, he became an ex-officio board
member since he was unopposed when he ran as Liga ng mga barangay president in
Dinas as well as of this province.
He defeated Vidad for the mayoralty post by a
margin of 637 votes in the May 9 local and national elections.
Asoy garnered 7,835 votes while Vidad got
7,198 votes.
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