Bacolod City Legal Officer Allan Zamora, yesterday said he may elevate his case to the Supreme Court if the motion for reconsideration filed by Mayor Evelio Leonardia is dismissed.

The co-terminus appointment of Zamora as CLO was declared invalid by the Civil Service Commission Central Office for not meeting the residency requirement.

Zamora questioned the Dec. 5, 2006 ruling, saying that it is legal residency and not actual residency, as cited in the Implementing Rules and Regulations of the Local Government Code that is a requirement for an appointive position.

The CSC based its decision on the Article 122 (k) of the Local Government Code of 1991 on the requirement of actual residence of an appointee. Zamora, who claims to have a house in Purok Kahirup, Barangay Singcang Airport in Bacolod, currently resides in Bago City, Negros Occidental.

"Legal residency is different from actual residency. I am a legal resident because of Bacolod City and the mere fact that I registered my name to vote in the city in 2004 was a clear indication that I want to reside in Bacolod," he said in a joint press conference with Leonardia.

Zamora said his case does not have a precedent. "No City Legal Officer in history has ever been removed from office for failing the residency requirement," he added.

He also questioned why the residency rule in the LGC is applicable only to an appointive position and not an elective position, citing the case of former First Lady and Leyte Rep. Imelda Marcos, who had resided mostly in Manila while she served her term.

Leonardia said Zamora will remain as CLO despite the CSC ruling.

"The status quo remains. He (should) be flattered because the CSC is paying attention to his case," the mayor said.

Leonardia had appealed the June 17, 2005 order of the CSC Regional Office that had declared Zamora's appointment as invalid. His appeal was dismissed by the CSC-Central Office.

Zamora was appointed CLO by Leonardia on July 1, 2004. His appointment was concurred in by the Sangguniang Panlungsod in SP Resolution 415 on July 8, 2004.

But SP secretary Nilo Alejandrino questioned the validity of Zamora's appointment on Jan. 5, 2005.

In its decision, the Commission said that while Zamora, who had served as CLO in 1986 and City Administrator in 2000, claims that he has a house in Purok Kahirup, Brgy. Singcang-Airport, Bacolod City, he failed to specify where it is actually located.*CPT

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