Oca consultant seeks to boot Emano son-in-law out of council
MGSD2 min read
CITY hall legal consultant James Judith yesterday asked a court to remove the son-in-law of ex-mayor Vicente Emano from the city council for moving from the city’s second district to the first district.
Judith filed a quo warranto petition against Councilor President Elipe whose move to register in the first district the lawyer described as questionable.
A quo warranto is a legal action aimed at resolving a dispute over whether a person has the legal right to hold the public office that he or she occupies.
Judith paid P4 thousand as fee as he filed the petition that was received by clerk of court Dick Carlo Cabanlas. He sought a court ruling to boot the councilor out of the city council, arguing that the official could no longer legally represent the city’s second district because of his transfer to the first district.
Reads part of Judith’s petition: “... he is no longer eligible... order him to cease and desist from further discharge of the responsibilities and function of councilor.”
Judith said the councilor violated Section 39 of Republic Act 7160, otherwise known as the Local Government Code, when he registered in the first district while he is still serving as a second district councilor.
The councilor won his third and last office term as a member of the city council in 2010. He was a registered voter of Gusa in the second district at that time.
In June 19, the councilor registered in Barangay Carmen, specifically under Precinct no. 0326-B in the fistrict district, Judith said.
Judith said the councilor’s move to register in the first district could be seen as abandoning the second district. The lawyer is a politician. He earlier revealed his plans to run for a city council seat under the ticket of Mayor Oscar Moreno next year. (nitz arancon)