CA stands pat on ruling:

Aga Muhlach, Charlene can vote in Camarines Sur

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Aga Muhlach. INQUIRER FILE PHOTO

MANILA, Philippines—The Court of Appeals stood pat in its earlier ruling allowing actor Aga Muhlach and wife Charlene Gonzales to stay in the list of voters in Camarines Sur, thus, paving way for his congressional bid in the area.

In its resolution, the appeals court 12th division dismissed the motion for reconsideration filed by private respondents who are residents of San Juan, Camarines Sur. Among those who questioned Muhlach’s residency include Crispin M. Imperial and Francisco Perico Dizon.

“Considering that the matters raised in the present motion have already been sufficiently passed upon by this Court and further finding no cogent reason with which to modify, much less reverse our assailed decision dated Feb. 13, 2013, private respondents’ motion for reconsideration is hereby denied,” the appeals court said.

Records show that the Muhlachs filed their application for registration as voters of San Jose, Camarines Sur on March 19, 2012. Then, on Sept. 28, 2012, the ERB approved their application for voter’s registration. On October 5, 2012, a petition for their exclusion was filed by some registered voters of San Jose saying they failed 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 six-month period of residency before the May 13, 2013 election would begin on November 14, 2012.

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

The petition pointed 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 six-month requirement when they filed their registration on March 19, 2012.

The appeals court in its February 2013 ruling said “a citizen cannot be disenfranchised for the flimsiest of reasons. Only on the most serious grounds, and upon clear and convincing proof, may a citizen be deemed to have forfeited this precious heritage of freedom.”

The appeals court ordered the Election Registration Board (ERB) to reinstate the names of Muhlach and his wife in the list of voters of Precinct No. 10A, Barangay San Juan, San Jose, Camarines Sur and annotate them on the voters registration record.

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  • kilabot

    another addition to
    the list of showbiz has-been’s
    switching to politics.
    just can’t resist the lure of the limelight
    and the subsidies of the taxpayers.

  • http://www.yellowmythbusters.gov.ph/ Weder-Weder Lang

    Charlene? She was the girlfriend of Jinggoy for sometime until he’s had enough of her. Jinggoy frequently commented how materialistic Charlene was and had to be showered with expensive gifts. It’s probably the same reason why Aga has to get into politics in order to make money and support Charlene’s addiction to materialism.

    • ofwsagitnangsilangan

      Masyado kang showbiz (hehehe).

  • Putakte Naman

    Dios ko pong mahabagin! Kawawang Pilipinas kong mahal. Hoy mag councilor ka mo muna o barangay captain naman. Ano bang tinapos mo? pwede ba maging modelo naman kayo sa mga kabataan?

    • anu12345

      Are you talking to nancy?

  • david

    good luck sa cam sur nalang

  • Gu3st

    not yet over… for sure the case will be appealed to supreme court… this will be another lucy torres gomez scenario if aga wins… that’s how the process works in our country…

  • penoy2012

    If Muhlach is w/ UNA, he’ll be disqualified.

  • indiosbravos2002

    The RTC judge should be penalized for giving the wrong decision. These kind of judges are the ones that are burdening the CA and SC with erroneous judgements that need to be reviewed and undone. No wonder CA and the SC have a lot of backlog cases.

  • XY ZEE

    Career path ng laos na artista na walang racket:

    Mag politika dahil marami pang mauuto.

  • padrefaura

    well, it is now for the people of cam sur whether or not to vote for aga. only they hold the fate of their congressional district.

  • lucidlynx

    Bakit court ang nagde-decide ng election matters? Hindi ba dapat COMELEC lang ang may jurisdiction dito?

    Kahit nga ang SC dapat walang jurisdiction katulad sa kaso ng team patay-team buhay posters. Those cases are all related to the coming elections. Dapat dinidismiss ng mga korte kapag may kasong dumarating sa kanila na ganito.

    • NAGMAMARUNONG

      posturing lang ! para sabihing supreme sila – SUPREME SARDINES.

  • $14334231

    so, it’s the fuentebella dynasties versus the newcomer mulach……if i live in the 4th district of camsur, i will surely vote for mulach…too much of the fuentebella already…if in 3 years he doesn’t show any progress for the district, then i’ll go to camsur and campaign against him when he runs for reelection…….

  • mrcrabdribble

    You call this a headline???

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