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Samar News.com: Insight Section
The likelihood of a special election could come about only if and when the House of Representatives Electoral Tribunal or HRET of the Lower Chamber of the Philippine Congress decides in favor of a petition that has already been filed with it to disqualify sitting member Milagrosa "Mila" Tee Tan, former 3-termer governor of Samar who was proclaimed by as winner in the May 2010 congressional election in the Second District of that province.
Had a petition been filed with the Comelec to disqualify Tan
proclamation won in that election for the Second District of Samar, it could have been dismissed outright by that body, for reason of lack of jurisdiction.
The ground offered for the disqualification of Tan, to stop her from working a day longer in the House of Representatives in whose turf she is one of its honorable legislators, is that she was allegedly "disqualified" to run for Member of the House of Representatives right from the moment her certificate of candidacy for that position was filed with the Comelec.
A highly reliable source in the Liberal Party said that she
was "disqualified" because she
did not meet the basic qualification which was to be a natural-born citizen of the Philippines.
Much, much earlier, it was bruited about that Mila was born to a Chinese national and years later was "naturalized".
The Philippine Constitution requires that only a natural-born citizen can run for Congress, according to the source.
Requesting anonymity, the source said that even if Mila was allowed under the Constitution as a naturalized Filipino citizen, to run for Congress, still she
must be disqualified because of her
alleged failure to take her
"oath of allegiance" to the Philippine flag, the Philippine government, and the Philippine Constitution.
It was, however, alleged by another source that Mila, or her
lawyers, relied heavily on her
"naturalization" via her
business permits and licenses for her
businesses in the Philippines, particularly in Samar
, for which, through her
applications therefore, she
declared or entered her
citizenship as "Filipino".
QN's source said, that was not legally enough because the constitutional requirement must first be satisfied.
Even the oath of allegiance as Filipino must be accompanied by certification about that fact of that oath having been made and taken, the source said.
As of this writing, Tan
has not yet filed her
answer to the petition.
When done, the petitioner and respondent would be submitting their respective memorandum.
Some of them, earlier, had said that had Tan
be disqualified even before her
name could be entered by the Comelec in the list of candidates in the official sample ballot, Tan's name would not have never been read even if appearing in the ballots, or if read, every vote for her
could have been considered invalid or stray and therefore not counted.
The walking rumors said that had the early disqualification taken place at all, Didi could have been the one proclaimed as winner, he
having obtained the most number of votes over his
And then Didi could have been congressman for the first time since noon time of June 30, 2010, and perhaps he could already have introduced, or been introducing, the reforms and kinds of development that he promised during his campaign of which vigilant Samarnons cannot yet see from the sitting congresswoman after more than seven months and for more than seven months now.
News on Samar and Leyte
CATBALOGAN CITY - The three Tans, comprised of Milagrosa Tan and siblings Sharee Ann Tan and Stephen James Tan were proclaimed Representative (Samar's 2nd District), Governor and Vice Governor respectively past 5p.m. yesterday, May 13, 2010 at the Samar provincial capitol building session hall.
Paranas, a municipality of the 2nd district of Samar
, was still a way late to transmit its results to the provincial Consolidation and Canvassing System which resulted in the impediment of Milagrosa Tan's
As an outcome, her
Sharee Ann Tan and Vice Gov.
Stephen James tan clad their proclamation slots first before hers.
The siblings' immediate proclamations as Governor and Vice Governor were easily brought in even if Paranas was still in wait of transmission because their nearest rivals were already mathematically improbable of climbing atop their votes, given that their vote margins were overwhelmingly large.
However, when Paranas successfully gave off its votes cast, Milagrosa Tan
, along with the winning Board Members of the 2nd district of Samar
, shortly followed her
Reported even before the proclamation phase, the counsel of Basey Mayor and congressional candidate Wilfredo Estorninos has been in firm actions to disqualify and crack away Milagrosa Tan
from her aspired position.
However, after COMELEC's decision to officially proclaim Milagrosa Tan
as the Representative of the 2nd District of Samar
, disparaged malignancies thrown against her
will have to inevitably impede in further actions.
CATBALOGAN CITY - The Commission on ...
CATBALOGAN CITY - 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.
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.
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.
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.
father eventually applied for naturalization as a Filipino in 1975 and was issued a Certificate of Naturalization in 1976.
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."
Tan for ...
Tan for Mandamus
CATBALOGAN CITY - The petitioners representing the Alliance of Concerned Employees (ACES) of the Provincial Government of Samar are triumphant over the issuance of a summon by the OIC Clerk of Court, Ms. Maria Raz Gloria, on the class suit that they have filed against Governor Milagrosa T. Tan of Samar province.
Samar governor Milagrosa Tan
Governor Milagrosa Tan
Milagrosa T. Tan
, the respondent, to file her
answer five (5) days immediately after the service of the said summon.
Accordingly, the said ordinance was deemed approved pursuant to the provision of Section 54(b) of RA 7160, otherwise known as the Local Government Code of 1991, considering that Hon. Milagrosa T. Tan
did not either veto it or return it to the Sangguniang Panlalawigan within fifteen (15) days from its submission to her
refused and failed to sign and approve the same checks, notwithstanding that the payment of the subject PEI benefits are authorized under a valid and effective ordinance and funds are available.
to immediately pay them the PEI mandated in Ordinance No 12-28, the amount of P60,000 as attorney's acceptance fee and the cost of suit.
Army challenge KARAPATAN-EV to work with CHR8
With the return of Governor Milagrosa Tan to post, Cernal is hopeful that the reinvigorated spirit of Tan will be open to her proposals as regards public health concerns.
CATBALOGAN CITY, Samar - Samar Governor Milagrosa Tan, after serving her 90-day suspension is back at the helm of the province of Samar officially on Tuesday, February 10, 2009 .