Opposition: 2 BOPK bets are still US citizens

CEBU, Philippines - The opposition camp yesterday claimed that Mayor Tomas Osmeña’s wife Margot and Ronald Cuenco, who are running for councilors in the city’s south district, are still considered citizens of the United States because they failed to prove that their applications for the renunciation of their green cards have been approved by the US government.

Dave Duallo, lawyer of councilorial candidate Rajeni Velez Dy, who filed the disqualification case against Margot and Cuenco, said the two candidates of the Bando Osmeña Pundok Kauswagan should prove that their applications for the renunciation of their green cards have been approved.

Margot’s application to abandon her resident alien status with the United States was received by the Department of Homeland Security/US Citizenship and Immigration Service on July 05, 2007, while Cuenco also applied to renounce his green card before the same office on November 24, 2009.

The election laws disqualify any persons from running for any elective office if he or she is a permanent resident of or an immigrant to a foreign country.

Duallo said the Supreme Court has already ruled that acquiring permanent resident status in the United States means the holders have abandoned their domicile and residence in the Philippines.

Margot and Cuenco attached their application for the renunciation of the green cards in their respective Certificates of Candidacy to prove that they are already qualified to run for elective positions in the country.

Duallo said the documents are just mere photocopies unauthenticated and uncertified by the custodian of the documents.

“More importantly said documents are just mere application for abandonment of their status as lawful permanent residents of the USA. They do not bear any note of approval by the concerned US official,” he said.

But according to him, even granting that Margot and Cuenco’s applications for abandonment of their status as lawful permanent residents of the United States are duly approved, Cuenco is still not qualified to run for councilor as he failed to meet the one-year residency requirement before he filed his COC.

Councilor Edgardo Labella, counsel of Osmeña and Cuenco, asked the Commission on Elections to junk the disqualification case filed by Dy and to order him to pay P2 million in moral damages for giving embarrassment to both respondents, aside from the P1.4 million exemplary damages, attorney’s fees and litigation expenses. 

Dy is one of the candidates of the Laban ng Demokratikong Pilipino who is also allied with the opposition leaders in Cebu City because it was former mayor Alvin Garcia who signed his certificate of nomination. Garcia himself is a candidate for mayor in the city. — Rene U. Borromeo/BRP   (FREEMAN NEWS)