CITY OF MALOLOS, Philippines—The Court of Appeals (CA) on Thursday ruled that the exclusion of actor Philip Salvador, a Bulacan vice gubernatorial candidate, from the list of registered voters in Marilao town was valid.
In a May 3 decision, the CA Special 15th Division dismissed Salvador’s petition to cite Executive Judge Albert Fonacier of the Bulacan Regional Trial Court for grave abuse of discretion for directing the Commission on Elections (Comelec) on Feb. 15 to remove Salvador from the list of voters of Precinct No. 275D in Barangay (village) Sta. Rosa II.
READ: Bulacan judge removes Philip Salvador as Marilao voter
The 14-page decision written by Associate Justice Ramon Garcia was issued six days before the May 9 elections.
Salvador is challenging reelectionist Vice Gov. Daniel Fernando, a fellow actor who is seeking his third and final term.
Fonacier’s decision stemmed from a complaint filed by Marilao residents, who said Salvador was not living in their neighborhood.
“The instant petition for review merits an outright dismissal on the ground that petitioner (Salvador) availed of the wrong remedy of appeal,” said the CA decision.
The appellate court also ruled that the Fonacier’s decision was final and executory.
READ: Phillip Salvador removed as Bulacan voter
“Section 138, Art. XII, of the Omnibus Election Code states that decisions of the Municipal Metropolitan Trial Courts in cases of inclusion and exclusion of voters are appealable to the Regional Trial Court which decision shall be final and executory. As such, it is no longer subject to an appeal,” the CA said. RAM/rga