2 Tan dynasty members in Samar delisted

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A local court orders two members of the Tan family in Samar excluded from the voters' list, effectively disqualifying them from the congressional and mayoral races

 

CALBAYOG CITY, Philippines – A regional trial court here on Monday, May 6, ordered two members of the expanding Tan political dynasty excluded from the voters’ list as they are not bona fide voters in their registered election areas. The ruling effectively disqualifies them from their respective races.

READ: The Tans of Samar: Expanding a dynasty 

Arnold Vasquez Tan is running for congressman of the 1st district of Samar, while Angelie Tan is running for mayor of Calbayog City.

Arnold is the brother-in-law while Angelie is the daughter of Milagrosa Tan, the re-electionist congresswoman of the 2nd district and matriarch of the Tan family.

The decision of Branch 31 of the  Regional Trial Court (RTC) comes after a Petition of Exclusion was filed against Tan by one Carlito Senolos around 10 days ago. The issue of residency was raised in the petition, with the court eventually declaring Arnold Tan as a resident of District 2.

According to Atty Fidel C. Amacna, OIC City Election Officer (Comelec): “They are excluded from voting in their respective precinct.  This will mean that they can’t vote in the district and are disqualified as candidates.”

The removal of the Tans from the voters’ list is immediately executory, according to Section 143(g) of the Omnibus Election Code. But Amacna said the decision will be executed if the respondents do not file a temporary restraining order (TRO) with the Supreme Court within 15 days. 

Amacna added that Tan can still vote in District 1 on election day. “For now, the Tan camp can file a motion for reconsideration, go to the Court of Appeals or Supreme Court, which can make things longer.” 

Section 143(g) of the Omnibus election code stipulates that:

“These applications shall be heard and decided without delay. The decision shall be rendered within six hours after the hearing and within ten days from the date of its filing in court. Cases appealed to the regional trial court shall be decided within ten days from receipt of the appeal in the office of the clerk of court. In any case, the court shall decide these petitions not later than the day before the election and the decision rendered thereon shall be immediately final and executory, notwithstanding the provisions of Section 138 on the finality of decisions.”

Photo of the signed court decision

During the hearings on the case, witnesses testified that they didn’t see the Tan nor their family in Barangay Cagnipa, their supposed residence for 2 years. A certificate of the City Assessor also shows that the two candidates have no real property in Calbayog. Both respondents failed to rebut witness testimonies, according to lawyers privy to the case.

However, according to organizers of the Calbayog-based Tunay at Totoong Liberal (TUTOL) Party, the petitioner is an ally of Congressman Mel Senen Sarmiento, Tan’s rival.

The camp of Cong. Sarmiento has yet to issue a statement on the matter.

A photo of the court decision was posted on the Facebook page of Sarmiento of the Liberal Party. 

The province of Samar is divided in two districts, with over 400,000 voters. The Tan family has been in power in Samar for more than a decade.

Samar’s 1st District has a voting population of 212,356. The district has 3 bets vying for the congressional seat: Sarmiento, Tan, and Antolin Rosales Tan II. – with reports from Bonn Troy Boñola/Rappler.com


More from Rappler’s 2013 Philippine elections coverage:

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