Court junks case against Mabatid

CEBU, Philippines —  The Municipal Trial Court in Cities (MTCC) has dismissed the quo warranto case filed against Mabolo Barangay Captain Prisca Niña Mabatid questioning her residency when she ran in the barangay elections.

MTCC Branch 1 Judge Monalila Tecson ruled Mabatid passed the residency requirement.

"After a circumspect consideration of the evidence, this court finds that respondent Mabatid has satisfied the residency requirement pursuant to law and jurisprudence. Hence, the present petition should be dismissed for lack of merit," read the decision.

Lawyer Daniel Francis Arguedo, who ran against Mabatid last May 2018 barangay elections but was defeated, filed a petition for quo warranto to annul the proclamation.

He alleged Mabatid lacks the residency requirement as enumerated under the rules, thus, he asked for her nullification in holding public office.

Though Mabatid was a registered voter of Mabolo, Cebu City based on a voter’s certification, Arguedo said in order for her to be able to run for public office, the former must be an actual resident of the barangay for at least one year immediately before the day of the election.

Mabatid, he said, is a resident of Sunflower Drive, Sunny Hills, in Barangay Talamban, Cebu City.

He alleged that Mabatid has a house in that subdivision and had been using Barangay Talamban in her private and public dealings.

Mabatid said she was a resident of Mabolo. Though she has a house in Talamban, she claimed she was leaving with her mother, Salud, in Mabolo.

In fact in the COMELEC certification, she is a registered voter of Mabolo.

Monalila ruled in favor of Mabatid.

"Testimonies of petitioner's witnesses summarily declaring the respondent a non-resident of Mabolo deserved scant consideration in the light of contradictory statements from respondent's witnesses," read the decision.

Tecson added the proclamation of Mabatid should be affirmed and respected considering her electoral mandate of 6,147 votes against Arguedo's 4,683 votes during the May 2018 election.

Mabatid and her mother, Salud, shared same emotions. They said they were happy of the court's decision, saying truth has prevailed. — GAN  (FREEMAN)