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The disqualification of a candidate does not automatically cancel ones certificate of candidacy, especially when it is nominated by a political party.In effect, the political party is still allowed to substitute the candidate whose candidacy was declared disqualified.The substitution complied with the requirements provided under Section 12 in relation to Section 13 of Comelec Resolution No. x x x x In view of the foregoing, the Law Department RECOMMENDS the following: x x x x 2.TO ALLOW CANDIDATE LUCY MARIE TORRES GOMEZ AS A SUBSTITUTE CANDIDATE FOR RICHARD GOMEZ: (Emphasis and underscoring supplied) x x x x The following day, or on May 9, 2010, Juntilla filed an Extremely Urgent Motion for Reconsideration (May 9, 2010 Motion) of the above-mentioned COMELEC En Banc resolution Pending resolution of Juntillas May 9, 2010 Motion, the national and local elections were conducted as scheduled on May 10, 2010.She expressed that she is still into the traditional way of courtship and she wants to know the peers of her 17-year-old daughter.According to the 43-year-old Congresswoman, even her husband Richard Gomez is not ready for it but she always tells him that it cannot be avoided. Based on the report, Lucy Torres-Gomez just wanted her daughter Juliana to be with the right man and what she can do for it is to pray.During the preliminary conference, and as shown in the Preliminary Conference Order dated September 2, 2010, the parties agreed on the following issues for resolution: which dismissed the quo warranto petition and declared that private respondent was a qualified candidate for the position of Leyte Representative (Fourth Legislative District).
According to the Leyte 4th district Representative, she tells Juliana that it is normal to have a suitor but she should not allow the courtship to happen in the streets. Based on the report, Lucy Torres-Gomez asked her daughter to let her suitors come to their house.
During the elections, Richards, whose name remained on the ballots, garnered 101, 250 votes while his opponents, namely, Eufrocino Codilla, Jr.
and herein petitioner Silverio Tagolino, obtained 76,549 and 493 votes, respectively.
09-059 speaks for disqualification of candidate Richard I. GOMEZ is DISQUALIFIED as a candidate for the Office of Congressman, Fourth District of Leyte, for lack of residency requirement.
Gomez and not of cancellation of his Certificate of Candidacy: Wherefore, premises considered, the Commission RESOLVED, as it hereby RESOLVES, to GRANT the Petition to Disqualify Candidate for Lack of Qualification filed x x x against RICHARD I. The said resolution was affirmed by the Commission En Banc on May 04, 2010.