Yap scores against DQ case

March 27, 2022 Provincial

A LOCAL court has junked a petition for the cancellation of Benguet caretaker Rep. Eric Yap’s certificate of candidacy and removal from the list of voters in Itogon, Benguet.
In a decision, the Municipal Trial Court of Itogon ruled in favor of Yap saying the lawmaker “was able to establish by overwhelming evidence that he was able to satisfy the requirements to become a registered voter in Loacan, Itogon, Benguet.” Yap meanwhile is elated the lower court has acted swiftly and ruled in his favor.
“I’ve been saying all along, itong kasong isinampa sa akin ay pure harassment at isang desperate attempt upang tanggalan tayo ng karapatang bumoto at maiboto sa probinsya. Nagsalita na po ang Korte, malinaw na malinaw, qualified po tayong bumoto at maiboto sa Benguet,” Yap said.
It can be recalled that some residents of Loacan, Itogon through their counsel, Atty. Jerry Marave filed against the Election Registration Board (ERB) and Yap a petition for exclusion in the permanent list of voters. The petitioners also filed before the Comelec a petition to deny due course or cancellation of the certificate of candidacy of Yap.
Petitioners also questioned the legitimacy of Yap’s residency who is a registered voter of one of the precincts in Tocmo Elementary School, Barangay Loacan. The solon has been using Alphaland Baguio Mountain Lodges in Loacan as his address.
The lower court said, “in the absence of any credible evidence to overthrow the same, Yap’s pieces of evidence lead to the conclusion that he performed all the necessary overt acts that are essential to signify and demonstrate his intent to reside in Barangay Loacan, Itogon, Benguet as required by RA 8189.”
The petitioners alleged that Yap does not have a bodily presence in Loacan and has no intention to abandon his original residence in Quezon City, which would qualify him to register as a new voter in Loacan.
With the issuance of a barangay certificate of residency issued by Punong Barangay Andres Cuyan of Loacan, Itogon, the lower court said: “that a barangay certification is accorded with great weight and credibility when it comes to the determination on whether a person is a resident in a particular area.”
Yap filed his application to transfer his voter’s registration to Itogon in November 2020, which the petitioner stated was approved by the ERB on April 19. Aside from his residency, the petitioners are questioning Yap’s citizenship, alleging that he disclosed to Marave that both of his parents are Chinese citizens.
“I expect them to appeal the decision, meron na din namang pending sa Comelec and our legal team is prepared with facts and evidences. Hindi lang natin pwede i discuss pa yung merits but as I’ve said, we are very confident,” Yap closed.