Corrupt Governors candidacy been disqualified

The Commission on Elections (COMELEC) First Division on Monday declared Lakas-Kampi-CMD 2nd congressional district candidate Samar Governor Milagrosa Tan disqualified to run due to a question on her citizenship.

Gov. MIlagrosa Tan

In a 6-page Resolution penned by Commissioners Armando Velasco, Gregorio Larrazabal, and presiding Commissioner Rene Sarmiento, the COMELEC First Division on its April 19, 2010 promulgation said that “Respondent MILAGROSA TEE TAN is hereby DECLARED a naturalized Philippine citizen NOT QUALIFIED to be a candidate for the position of Member of the House of Representatives for the Second District of Samar.”

The decision was based on a two separate petition for disqualification filed before the COMELEC by Carlo L. Gabon and Oscar E. Garcia against Respondent Samar governor Milagrosa Tee Tan to run as a member of the House of Representatives alleging that Tan is a naturalized (not natural-born) Filipino citizen.

Article VI, Section 6 of the 1987 Constitution states that “No person shall be a Member of the House of the Representatives unless he is a natural-born citizen of the Philippines…”

Petitioners Gabon and Garcia submitted to the Commission copies of the Respondent’s Application for Naturalization dated October 12, 1976 filed by her father, her verified Alien Certificate of Registration, and a certified true copy of Certificate of Naturalization dated April 20, 1978 issued to Tan, among other things, proving that the Respondent is NOT a natural-born Filipino citizen.

Likewise, Petitioners submitted to the COMELEC the Commission’s own Decision in 2005 in the case of Auguis vs. Tan where the Commission held that Tan’s Certificate of Naturalization “cannot be collaterally attacked, and that Tan, being a NATURALIZED Filipino citizen, is qualified to run as a Governor for the Province of Samar”. Petitioner Garcia pointed out that the Commission’s Decision on Auguis is conclusive as to the status of Tan’s citizenship.

In the April 19, 2010 Resolution, the Division said that “Tan’s father is Chinese while her mother is a natural born Filipino. Tan’s father eventually applied for naturalization as a Filipino in 1975 and was issued a Certificate of Naturalization in 1976. Thereafter, he applied for naturalization of his children, which included Tan.”

The Division resolves that Petitioners Gabon and Garcia have submitted sufficient evidence which tend to show that, indeed, Tan is merely a naturalized Filipino and found out that “…Tan does not possess the legal qualifications to run for a seat in the House of the Representatives.”