CEBU, Philippines - Cordova Mayor Adelino Sitoy is not giving up on his case against boxing promoter Rex “Wakee” Salud, who tried to challenge him in the May 2013 elections, even if the perjury charges he earlier filed were dismissed by the court.
This time, Sitoy filed a complaint for violation of Section 261 of the Omnibus Election Code against Salud for allegedly making untruthful statements in his certificate of candidacy dated October 3, 2012.
Sitoy earlier charged Salud with two counts of perjury but were dismissed by Municipal Trial Court in Cities Judge Allan Francisco Garciano.
In his ruling, Garciano said the alleged violation committed by Salud falls under Section 261, Article 22 of the Omnibus Election Code and not perjury under Article 183 of the Revised Penal Code.
Sitoy alleged that Salud misled the Commission on Elections by making it appear in his certificate of candidacy that he had been residing in Cordova for one year and 11 months, when in truth, he had not complied with the one-year residency requirement.
“The falsity consists in his claim first in Items 5 and 6 in his COC that he was a resident of Cogon, Cordova, Cebu and next is falsely asserting to be such resident for a period of one year and 11 months, when in truth and in fact, as he very well knew, he never was resident of said place,” Sitoy’s complaint reads.
In fact, Salud’s petition for inclusion on the list of registered voters of Cordova was disapproved by the town’s Election Registration Board.
Lawyer Filmore Gomos, legal counsel of Salud, refused to comment on the complaint as he has yet to receive a copy. — (FREEMAN)