Former Alburquerque mayor Jose Ugdoracion, Jr. was cleared recently of perjury raps filed by political rival Mayor Efren Tungol. In a 12-page decision penned by acting Judge Jennifer Chavez Marcos of the Municipal Circuit Court of Loay-Alburquerque-Baclayon, Ugdoracion was found innocent of the charges after the prosecution failed to prove the guilt of the accused beyond reasonable doubt. According to Judge Marcos, the prosecution failed to establish the fact that the accused made a willful and deliberate assertion of falsehood in the Personal Information he submitted to the Commission on Elections in Alburquerque, Bohol and in his Certificate of Candidacy filed in Tagbilaran City. The criminal complaint for perjury stemmed from Tungol's allegations that his political rival knowingly lied under oath upon a material matter in his Personal Information, which was sworn and subscribed before acting Election Registrar II Thelma Moquila at Alburquerque. He stated in the document that his period of residence in the municipality was 61 years.
The same information indicated that on March 2007, Ugdoracion executed a sworn Certificate of Candidacy before lawyer Thaddeus Jose Acero at Tagbilaran, wherein said sworn statement indicated that the period of residence in the municipality before May 14, 2007 is 41 years. In dismissing the complaint, the court noted that it became inconsequential that accused has inconsistent allegations of his period of residence in his Personal Information and Certificate of Candidacy. The material fact, the court said, was whether he has fulfilled the residency requirement of a local elective official in the Phils., i.e. at least one year residency period as mandated by the Local Government Code and the Omnibus Election Code.
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