The Commission on Elections (COMELEC) has reopened the disqualification case against incumbent Governor Joseph C. Cua, who is also running for mayor of Virac, Catanduanes, and has ordered him to submit his Verified Answer Cum Memorandum within five (5) days.
This action follows the re-filing of the petition by Atty. Sinforoso Sarmiento after it was initially dismissed due to document deficiencies.
Governor Cua initially welcomed COMELEC’s dismissal of the petition last week, but the petitioner re-filed on March 25, 2025. The absence of Cua’s Certificate of Candidacy (COC) was cited as the reason for the initial dismissal, a crucial requirement in disqualification cases.
However, Atty. Sarmiento promptly re-filed the petition with complete documents, prompting COMELEC to reconsider the case based on Resolution No. 11046.
Under the new directive, COMELEC requires Cua to personally submit his Answer Cum Memorandum to the Office of the Clerk of the Commission in Intramuros, Manila, or send it via email. The agency also stated that failure to submit within the specified timeframe would result in Cua forfeiting the right to present evidence contrary to the allegations. The order clarified that motions to dismiss the petition are prohibited, although the grounds for dismissal can be used as affirmative defenses.
COMELEC indicated that the case would be considered resolved upon receipt of Cua’s response or after the deadline for submission, whichever comes first.
The petitioner has raised questions about Cua’s birth certificate from the Philippine Statistics Authority (PSA), alleging that Gov. Cua and his parents were Chinese citizens.
Governor Cua previously stated in an interview with Radyo Peryodiko that they are prepared to address the issue, which has long been raised against him and for which there have been previous decisions.
He asserted that not only naturalized but natural-born citizens could avail themselves of the position because their ancestors were born in the country.
Meanwhile, Mayoralty Posoy Sarmiento welcomed COMELEC’s consideration of the matter, viewing it as a significant opportunity to discuss the merits of the case rather than technicalities. (Bicol Peryodiko Newsteam)
