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Aga Muhlach, wife want court ruling removing them from voters’ list nullified

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TAKING a plunge into politics, actor Aga Muhlach shakes hands with Liberal Party leaders in August as his wife, actress Charlene Gonzales (left, partly hidden), looks on. ARNOLD ALMACEN/FILE PHOTO

MANILA, Philippines — Actor Aga Muhlach and his wife, Charlene Gonzales, on Thursday asked the Court of Appeals to nullify a lower court’s decision removing them from the voters’ list in San Jose, Camarines Sur.

In a 50-page petition, Aga and Charlene, through their lawyer Romulo Macalintal, also asked the CA to issue a temporary restraining order against the implementation of the decision.

In a decision issued last December, the San Jose Regional Trial Court directed the Election Registration Board (ERB) in the area to remove the couple’s names from the voters’ list.

Aga is running for Congress representing the fourth district of Camarines Sur which covers the town of San Jose.

In their petition, Aga and Charlene said there is an urgent need to issue a TRO against the lower court’s decision “in order to prevent the grave and irreparable injury on the part of the petitioners of being disenfranchised and disallowed to vote in the said precinct…’’

Records show that the Muhlachs filed their application for registration as voters of San Jose on March 19, 2012. The ERB approved their application on Sept. 28, 2012. But a few days later, on Oct. 5, some registered voters in San Jose filed a petition for their exclusion, citing their alleged failure to comply with the residency requirement for a voter.

On Oct. 25, 2012, the Municipal Circuit Trial Court (MCTC) of San Jose reversed the decision of the ERB. The Muhlachs appealed the MCTC decision to the RTC which the latter denied on Dec. 17, 2012 and directed the ERB to exclude the Muhlachs to its list of voters.

Petitioners told the appeals court that the petition for their exclusion was premature and precipitately filed because the 6-month period of residency before the May 13, 2013 election will begin on November 14, 2012.

The petition cited the case of Rep. Romeo Jalosjos Jr., where the Court of Appeals, on June 2, 2010, granted Jalosjos’ appeal reversing the decision of the Pagadian City RTC excluding him from the list of voters on the ground that the reckoning 6-month period before the election was yet to come when the petition for exclusion was precipitately and prematurely filed.

The petition pointed out that both the MCTC and RTC admitted that the Muhlachs established their residency in San Jose as early as Feb. 17, 2012 but both courts disqualified them for failure to comply with the 6-month requirement when they filed their registration on March 19, 2012.

“This is clear abuse of discretion because the law is very clear in that a voter must be a resident of the place for at least six months before the election and not before registration.  Since the courts found that the Muhlachs have been residing in San Jose as of February 17, 2012 then it is as clear as the sunlight that they have more than complied with the 6-month residency before the May 13, 2013 elections, or a period of one year and 3 months from February 17, 2012 to May 13, 2013”, Macalintal said.

The petitioners added that it was an error for the court to reckon the 6-month residency period before registration when the law provides that it should be counted 6 months immediately before or preceding the elections on May 13.

The RTC compounded its errors and grave abuse of discretion when it made an absurd interpretation of Comelec Resolution No. 9149 which provides, among others, that new registrants ‘may register not earlier than May 12, 2012’ when the use of the word ‘may’ clearly shows that this provision is not mandatory.  While the Muhlachs applied for registration on March 19, 2012, the same is not a violation of the “May 12, 2012” date provided for by the Comelec because even the poll body urged new voters to register early,” Macalintal said.


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Tags: Aga Muhlach , Charlene Gonzales , Elections , News , Politics , TRO


  • miiron

    ifever this useless actor permitted to run for tongresssman it will be another sad day for the filipino people!  gagawing gatasan ni mulach ang congreso.  sabagay isang malaking dula at komedya ang house of rep natin.  

  • http://pulse.yahoo.com/_YAU43R25CAHGNYPHE6HLAM3V6Y Benjamin

    kapag osla na ..pulitika naman ang raraketin..kawawang pilipino..Sotto….lapid..bong..junggoy..erap..isko..velma..e.r…dyos ko bakit mo po kami pinarurusahan….

    • http://profile.yahoo.com/NUR7VEHPBA7AZ6QN2WVP5U3BHA casper

      sana Benjamin naging mapili ka sa mga binanggit mo. Hindi kase lahat yan e laos at walang binatbat. Take the case of Ate Vi. She is still a bankable parttime actress (see the success of The Healing) and a good Governor of Batangas.

      • http://pulse.yahoo.com/_3RMNEZCQQHXWOQRXJROQ2CORFU Homer Guo

         really?

    • Muhamad chan

      Kasi sinuportahan daw natin ang rh bill. Lol

  • anton kinuton

    bat ipinagpipilitan, di naman talaga taga diyan sa distrito na yan si aga? atty macalintal, ba’t niyo pa ipinaglalalban  ang ganyan?

  • $38346712

    Modaog gayod sila kay mga maayong tawo man sila sa pelikula.

  • boybakal

    MCTC and RTC admitted that the Muhlachs established their residency in San Jose as early as Feb. 17, 2012.
    Records show that the Muhlachs filed their application for registration as voters of San Jose on March 19, 2012.

    This is very clear.
    Mulach set foot in San Jose to establish residency on Feb.17 2012.
    On March 19 2012 after one month, they filed their application as registered voters in San Jose.
    It means they have only ONE MONTH in San Jose, not a proof of residency which can be translated as visitor.
    To claim residency, one should have home,electric bills mailing address, bank account in their names,schools where children go in a span of 6 months

    Being in a place does not mean residency, there are requirements of residency.
    In short, They fell short of residency in San Jose.
    Gaya ng sabi ni Atty.Macalintal, maliwanag pa sa Sikat ng Araw….kulang sa residency requirement si Aga.

    Masyadong napaaga si Aga sa pagfile pero kulang. As they say Bitter lack nek taym.

    • http://pulse.yahoo.com/_5STEU22AD7YRHQSB6RE56ZDSYA J

      basahin mo muna yung sinabi ni makalintal tungkol sa rason ng appeal sa CA ng muhlachs. si makalintal ang lawyer ng muhlachs.
      precedent yung kaso ni jalosjos kaya maaring mali ang mctc at rtc.

      • boybakal

         Jalosjos was a bonafide,genuine,natural born of the place he filed his residency.
        He did not leave his residency except of being in jail and he reapplied as registered voter. The law is clear, no impediment to reclaim.

        Whereas, Aga is not from the place, he is a transient to the place, he tried to establish residency to be a registered voter on San Jose for the purpose of running an elective office but not to be his permanent residence.

  • brunogiordano

    “The petition pointed out that both the MCTC and RTC admitted that the Muhlachs established their residency in San Jose as early as Feb. 17, 2012 but both courts disqualified them for failure to comply with the 6-month requirement when they filed their registration on March 19, 2012.”

    MCTC at RTC sabi disqualified ka na. Double down ka na.

    Pag pinaabot mo iyan sa SC four downs ka!!!!!!!

  • http://profile.yahoo.com/AO6VKORVP6RF3NJ2OW74M3YTXA Jojo

    kong totoo po e2 sa susunod kna lang lumaban kua aga ok …kc buking kana eh..gagastos ka lang at pagod ka pa dba…

  • opinyonlangpo

    Somebody should have informed them about the rules. Most probably they also have no idea what is going on in the congress, somebody should also brief them on this and the job description, its not all about the pork barrel.

  • XY ZEE

    Ang hirap talaga sa artistang laos…
    Di matanggap-tanggap na hindi na umiikot ang mundo sa buhay nila.  



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