MANILA, Philippines – The Supreme Court (SC) has stopped the Commission on Elections (Comelec) from ousting Lipa City Mayor Meynardo Sabili from his post.

The High Court, in a status quo ante order issued on Tuesday, prevented the Comelec from implementing a resolution that cancelled Sabili’s certificate of candidacy for lack of residency. 

The SC also ordered the Comelec to comment on Sabili’s petition seeking to void the poll body’s August 17, 2010 resolution. 

The Lipa mayor had accused the Comelec of violating his right to due process. 

The poll body earlier affirmed a resolution released by its second division on January 26, 2010, which disqualified Sabili from running in the recent poll. 

His lawyer, Romulo Macalintal, argued that Comelec failed to comply with its own rules of procedure when it issued the resolution without prior notice to the parties as required under Section 6 of Comelec Resolution No. 8696. 

Sabili also said that his proclamation as mayor of Lipa City should have ended all summary proceedings for his disqualification by the Comelec and any remaining legal issues should be resolved by the courts. 

Sabili won the mayoralty race after getting 55,268 votes against the 48,825 votes secured by his rival, Oscar Gozos.

Macalintal said Gozos did not file an election protest, which reportedly meant that his client’s victory is “undisputed and unassailable.“ 

In his 45-page petition for certiorari, Sabili said he was surprised when the poll body issued a resolution for his disqualification on the basis of a petition filed by a certain Florencio Librea. 

He added that the poll body issued the resolution despite certification issued by Dominador Honrade, the barangay captain of Barangay Pinatong-ulan, that he has been residing in the barangay since 2007. 

The Comelec also allegedly ignored other documents that he submitted to prove his residency, such as a certificate of appreciation issued by the parish of Sto. Nino in Barangay Pinagtong-ulan; his designation as member of the advisory body of Guardians Brotherhood, Inc. San Jose-Lipa City Chapter since January 2, 2009; and a voter certification issued by lawyer Juan Aguila Jr., the election officer of the Comelec-Lipa City, showing that he is registered voter of precinct no. 407A of the said barangay. 

Sabili also submitted an application for transfer of registration record due to change of residence filed with the Comelec on June 6, 2009. 

The document stated that Sabili transferred his voter’s registration to Barangay Pinagtong-ulan, Lipa City more than one year before the May elections.

He also showed income tax returns for the 2007 and 2008, which stated that he paid taxes in Lipa City starting in 2007.