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BAGUIO CITY––The Commission on Elections (Comelec) Second Division has canceled the certificate of candidacy (COC) of a mayoral candidate in Paracelis town, Mountain Province, who had been convicted of an offense that carried the accessory penalty of perpetual absolute disqualification to hold public office.
In a 13-page resolution promulgated on Tuesday, April 19, the Comelec said it granted the petition for the denial and cancellation of the COC of Avelino Amangyen for Paracelis mayor in the May 9 elections.
The petition was filed by a certain Franklin Talawec on Oct. 6 last year, according to the Comelec.
Talawec alleged that Amangyen, an owner of a furniture shop, made a misrepresentation on his COC since the mayoral candidate had been convicted with final judgment of a violation of Presidential Decree No. 705 or the “Revised Forestry Code of the Philippines.”
The Regional Trial Court-Bontoc in Mountain Province promulgated the judgment on July 22, 2013, affirmed by the Court of Appeals and later by the Supreme Court.
In June 2012, police sued Amangyen for violating the forestry code.
On March 30 of the same year, the Community Environment and Natural Office, with the Mountain Province police, found Narra lumber in Amangyen’s furniture shop.
Talawec argued that Amangyen should also be disqualified based on the provisions of the Omnibus Election Code since he was sentenced to more than 18 months of imprisonment.
According to Talawec’s petition, Amangyen wrote “no” in item number 22 of his COC, referring to whether he had been held liable for an offense that carries the accessory penalty of perpetual disqualification to hold public office.
Amangyen, on the other hand, argued that his court conviction is not yet final since there is a pending petition seeking to acquit him, which the Comelec rejected. INQ