Aga, Charlene delisted from book of voters

By RG Cruz, ABS-CBN News

Posted at Jan 18 2013 05:43 PM | Updated as of Jan 19 2013 01:43 AM

MANILA, Philippines - In apparent defiance of a Court of Appeals stay order, actor Aga Muhlach and wife Charlene have been deleted from the list of registered voters in his district in Camarines Sur, according to their lawyer.

"According to the EO, they removed Aga and Charlene from the list here," lawyer Michelle Juan said.

The CA 12th Division earlier granted the Muhlachs' plea for temporary restraining order after a local court order the couple’s names removed from the voters' list of Camarines Sur's 4th district.

Juan, however, said the Commission on Elections’ regional director had given instructions to the provisional election supervisor and election officer not to implement the TRO until he has read it and sought advice from Comelec’s law department.

“Kailangan raw muna tanungin ang Comelec Manila law department kung anong gagawin at kung paano mag-implement ng TRO. TRO was served on the parties this morning,” she said.

Comelec Chairman Sixto Brillantes Jr. earlier today said Aga and Charlene remain registered voters in Camarines Sur.

He said the regional trial court’s order to exclude the Muhlachs from the voters’ list  has not been implemented despite being final and executory.

He said the court's order included a mandatory injunction that orders the Comelec's election and barangay affairs department to include Muhlach in the list of voters.

Brillantes, however, pointed out that only the Supreme Court, and not the CA, has jurisdiction over the Comelec.

Juan, however, said Comelec Manila's records probably have just not been updated.

Brillantes said the Comelec's 2nd division is now working on the remaining disqualification case against Muhlach over his residency.

The poll body earlier dismissed a disqualification case against Muhlach over his alleged Spanish citizenship.

Under the law, voters must have residence in an area at least 6 months before the elections  before registering, while they must have residence at least a year before the elections before they can be eligible to run in that jurisdiction.

The Comelec is now configuring the ballots and lists of voters and candidates for the elections. It will no longer wait for the high court's ruling on the merits of the reconsideration filed by disqualified party-list groups.

For now, the ballots will have 123 party-list groups.