The lawyer of Barangay Captain Gloria Alisbo of Brgy. 9 in Bacolod City yesterday said they filed a motion for reconsideration last week with the COMELEC Second Division on the petition for disqualification filed by her predecessor, claiming that the Commission has no jurisdiction over the case.

The COMELEC Second Division has disqualified Gloria Alisbo as chairman of Barangay 9 in Bacolod City on the grounds that she is not a resident of the barangay.

 It also ordered that the highest ranking barangay kagawad of Brgy. 9 succeed Alisbo, in a resolution signed by presiding commissioner Rene Sarmiento and commissioner Nicodemo Ferrer promulgated last Feb. 28, 2008.

Gary Yanson, former Barangay Captain of Brgy. 9, had filed a petition for disqualification against Alisbo on Oct. 22, 2007 claiming that she is a resident of Purok Santol, Brgy. Mandalagan and not of Brgy. 9.

He claimed that the residence indicated by Alisbo in her Certificate of Candidacy is not the place where she lives but the business address of the funeral parlor owned by her family.

Alisbo and Yanson were rival candidates for barangay captain of Brgy. 9 during the Oct. 29, 2007 Barangay and Sangguniang Kabataan elections.

On Oct. 29, 2007, Yanson filed a motion to suspend the proclamation of Alisbo as the winning candidate for barangay chairman of Brgy. 9 pending the resolution of the petition for disqualification he had filed with the Office of the Provincial Election Supervisor of Negros Occidental and asked the Commission to conduct an ocular inspection on the address claimed by Alisbo to be her residence at Lacson-Burgos streets in Brgy. 9.

Yanson said Gloria Alisbo is the wife of Councilor Catalino Alisbo, who is a bona fide resident of Purok Santol, Brgy. Mandalagan.

Alisbo, however, said that she is a resident of Purok Daisy, Brgy. 9 and her case does not fall among the enumerations of the grounds for disqualification listed in Section 3 of COMELEC Resolution 8297, and asked for the dismissal of the petition filed by Yanson.

In his resolution, Sarmiento said that, after a careful examination of the pleadings and the pieces of evidence submitted, the Commission is convinced that Alisbo should be disqualified from running for barangay chairman of Brgy. 9 since she is not a resident there.

He also said the hearing officer who conducted the ocular inspection is convinced that the room where he was brought by Alisbo inside the funeral parlor cannot be considered as a residence as there were only three pews inside and nothing else that would indicate that it is her residence.

Sarmiento also said her victory over Yanson does not validate her election to office.

Inocencio Ferrer, lawyer of Gloria Alisbo, claimed that the COMELEC has no jurisdiction over the case based on Section 2 Article IX paragraph C of the 1987 Constitution. He said the original jurisdiction to hear contest relating to elections, returns and qualifications of elective barangay officials is within the province of the trial court and not the COMELEC.

He said the COMELEC based its decision on the ocular inspection of the residence quarter of Alisbo at Burgos-Lacson streets which, at that time, was undergoing renovation. He said that after improvements were made, the area includes a quarter and photos have been attached to their motion for reconsideration.

The COMELEC Provincial Supervisor of Negros Occidental has recommended that the petitioner should file the case before the regular courts because COMELEC has no jurisdiction to hear the matter, he also said.

When the recommendation was sent to the COMELEC Second Division, it was changed, he said, but they will respect its decision.

If the decision of the COMELEC will not be favorable, they can still elevate the case to the Supreme Court, he added.*CGS

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