Marilyn Cahatol

Article (news)

Job Manahan

ABS-CBN News

<div style="text-align:left"><span class="fr-img-caption fr-fic fr-dib" style="width:617px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/1761641359509514254690_1288016169351644_4563574327792004899_n.jpg" style="width:960px" class="fr-fic fr-dib"/><span class="fr-inner" style="text-align:left">Tarlac City Mayor Susan Yap-Sulit. <em>Susan Yap/Facebook</em></span></span></span>MANILA – Tarlac Mayor Susan Yap-Sulit is “ineligible” to be elected as Tarlac City’s mayor for allegedly failing to meet the residency requirement, the Commission on Elections (Comelec) en banc said.</div><p>In a 12-paged decision promulgated on Oct. 22, the Comelec en banc granted the motion for reconsideration filed by petitioners Amado de Leon and Jay-Ar Navarro, setting aside and reversing the Second Division’s resolution that initially dismissed the petition against Yap-Sulit. </p><p>The Second Division earlier said petitioners “failed to present substantial evidence” proving that the mayor is not a resident of Barangay Tibag in Tarlac City.</p><p>It also stated that failing to meet the residency requirement for an elective position was “not a proper ground” for the disqualification petition, noting that this is a ground instead for the denial or cancellation of a certificate of candidacy (COC).</p><p>“However, even if the Petition were to be treated as one for denial of due course to or cancellation of COC, it was nonetheless filed out of time,” the division had said.</p><p>But the Comelec en banc agreed with the petitioners that its Second Division supposedly misappreciated the pieces of evidence presented, just as its findings and conclusions were “not only erroneous but also contrary to law.”</p><p>The commission en banc held that based on the Local Government Code, election candidates should be a resident for “at least one year immediately preceding election day.”</p><p>Petitioners, the poll body said, “sufficiently established” this issue.</p><p>Yap-Sulit presented evidence showing her residence in Barangay Tibag when she transferred there in 2013.</p><p>This included government-issued documents and identification cards showing her address, testimonies from some residents there, as well as photos of the house — proving that it has been a residence and not merely a warehouse.</p><p>But the Comelec en banc was not convinced.</p><p>“Upon thorough review of the records, the Commission (En Banc) finds that Respondent failed to sufficiently rebut the substantial evidence presented by Petitioners showing that she did not establish domicile in Barangay Tibag, Tarlac City,” the poll body said.</p><div> </div><div><strong>STAYING IN A ‘WAREHOUSE’?</strong></div><p>Comelec laid down three requisites to consider that a person was able to acquire a new domicile by choice, citing a Supreme Court decision:</p><ul style="list-style-type:circle"><li>Residence or bodily presence in the new locality</li><li>Intention to remain there</li><li>Intention to abandon the old domicile.</li></ul><div> </div><p>“Applying these principles, the Commission En Banc finds that Respondent failed to adduce sufficient evidence to prove actual residence or bodily presence in Barangay Tibag, or the locality she claims as her domicile,” the decision read.</p><p>“The collective testimonies of Petitioners&#x27; witnesses, including barangay officials of Barangay Tibag, barangay health workers, and even one of Respondent&#x27;s own political allies, indubitably establish that Respondent did not, in fact, establish residence in Barangay Tibag,” it said.</p><p>Comelec said this means that the official must prove that she intended to stay there for an indefinite period of time, describing her choice of domicile as a mere “warehouse.”</p><p>“By its very nature and purpose, a warehouse cannot reasonably be regarded as a place of actual residence,” the poll body said.</p><p>“The Commission en banc finds that Petitioners have presented substantial evidence establishing that Respondent is not a resident of Barangay Tibag, Tarlac City, and therefore does not meet the residency requirement prescribed under Section 39(a) of the LGC,” it added.</p><p>In lieu of Yap-Sulit’s disqualification, Comelec said it would follow the rule of succession provided in Section 44 of the Local Government Code.</p><p>Section 44 states that in case of permanent vacancies in the office of the governor or mayor, the vice-governor or vice-mayor would assume the position of the governor or mayor.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/28/comelec-division-disqualifies-cabuyao-laguna-mayor-over-alleged-vote-buying-1426">Comelec division disqualifies Cabuyao, Laguna mayor over alleged vote-buying</a></div><div> </div><div><strong>YAP SEEKS REMEDY AT SUPREME COURT</strong></div><p>In a phone call with ABS-CBN News, lawyer Rey Christopher Fajardo, Tarlac City’s administrator, said their camp would file a petition for certiorari at the Supreme Court to question the Comelec en banc’s decision. </p><p>Fajardo said the house has been there since 2004, emphasizing they were able to provide Yap-Sulit’s voter registration records as well as other necessary documents to prove she has been living there.</p><p>“She was then a congresswoman of the Second District which Tarlac City belongs [to]. So 2014 congresswoman siya, tibag na yung [voter’s registration records] coming from the Comelec. 2016 naging governor siya, 2019 and 2024,” Fajardo said.</p><p>“In-exercise din niya ang right to suffrage niya. Pagboto niya, 2016, 2019, 2024, bumoto siya doon sa mismong presinto ng Tibag. Ito rin ginamit namin ito as evidence but were not considered by the en banc,” he said.</p><p>“Ang pinaka-argument na ng lawyers doon sa Supreme Court is the will of the electorate. You should uphold and protect the will of the electorate, considering that Mayor Susan was already elected. Kung basta mo lang ginanyan yan, ang resulta niyan is dinisenfranchise mo sila,” he added.</p><p>Comelec Chairman George Garcia, however, told reporters that “the will of the people cannot prevail over the rule of law.”</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/27/erwin-tulfo-faces-quo-warranto-petition-before-senate-electoral-tribunal-1840">Erwin Tulfo faces quo warranto petition before Senate Electoral Tribunal</a></div><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div style="text-align:center"><iframe width="560" height="315" src="https://www.youtube.com/embed/5hAfUnx_Q3A?si=JEP_irecz35r3hJw" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe><br/></div>

<p>Tarlac Mayor Susan Yap-Sulit is “ineligible” to be elected as Tarlac City’s mayor for allegedly failing to meet the residency requirement, Commission on Elections (Comelec) en banc has said.</p>

Tarlac Mayor Susan Yap-Sulit is “ineligible” to be elected as Tarlac City’s mayor for allegedly failing to meet the residency requirement, Commission on Elections (Comelec) en banc has said.

Comelec en banc: Susan Yap 'ineligible’ to be elected as Tarlac mayor

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Comelec en banc: Susan Yap 'ineligible’ to be elected as Tarlac mayor

Job Manahan,

ABS-CBN News

Published Oct 28, 2025 04:57 PM PHT

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