Republic of the Philippines

COMMISION ON ELECTIONS
Intramuros, Manila

SECOND DIVISION

JEMELITA BARQUIN,
Petitioner,

-versus- SPA No. 23-361 (BRGY)

FIDEL OSORIO RESARE,

Respondent,
x---------------------------------------------/

ANSWER
Respondent, by counsel, most respectfully states, THAT:

1. Respondent SPECIFICALLY DENIES all the allegations in the Petition

about his alleged disqualification, and submits that he has attained the minimum
requirements to run for Punong Barangay;

2. RESOLUTION NO. 10924 promulgated on June 7, 2023, known as

GENERAL GUIDELINES AND OTHER RELATED RULES AND
REGULATIONS FOR THE OCTOBER 30, 2023 BARANGAY AND
SANGGUNIANG KABATAAN ELECTIONS (BSKE) AND ALL SUCCEEDING
BSKEs THEREAFTER, provides clearly, that:

XXX XXX XXX

Article VII

Chapter I
FILING OF CERTIFICATE OF CANDIDACY

SEC. 160. Officials to be elected. - The officials to be elected in each barangay

are the following:

a. For the Barangay Elections: One (1) Punong Barangay and seven (7)
Members of the Sangguniang Barangay (SB);

b. For the Sangguniang Kabataan (SK) Elections: One (1) Chairperson and
seven (7) Members of the SK.

SEC. 161. Qualifications for punong barangay and member, SB.

a. A citizen of the Philippines;

b. A registered voter in the barangay where the aspirant intends to be

elected;

c. A resident in the said barangay for at least one (1) year immediately
preceding the day of the election;
 d. Able to read and write Filipino or any other local language or dialect;
and

e. At least 18 years of age on election day.

SEC. 162. Qualifications for chairperson and member, SK.

a. A citizen of the Philippines;

b. A qualified voter of the Katipunan ng Kabataan (KK);

c. A resident of the barangay for not less than one (1) year immediately
preceding the day of the elections;

d. At least eighteen (18) years old but not more than twenty-four (24)
years of age on the day of the elections;

e. Able to read and write Filipino, English or the local dialect;

f. Must not be related within the second (2nd) civil degree of

consanguinity or affinity to any incumbent elected national official or to
any incumbent elected regional, provincial, city, municipal, or barangay
official in the locality where aspirant seeks to be elected; and

g. Must not have been convicted by final judgment of any crime

involving moral turpitude. (Emphasis supplied)

XXX XXX XXX

3. It must be emphasized that while candidates for SK must comply with Sec. 162
(g), that is, “Must not have been convicted by final judgment of any crime involving
moral turpitude,” no such requirement is stated in Sec. 161!;

4. Clearly, this particular requirement is omitted in Sec. 161, thus respondent is

not disqualified;

5. Also, respondent is still under Probation. Hence, he has not served his sentence
yet.

RELIEF

WHEREFORE, it is most respectfully prayed of this Honorable Office that the

instant Petition be DISMISSED immediately.

Other just and equitable reliefs are likewise being prayed for.

Tandag City, Surigao del Sur for Manila.

14 November 2023.

FIDEL OSORIO RESARE

RESPONDENT

Assisted by:
 ANDREI ARREZA ANDRESAN
Airport Road, Awasian, Tandag City
8300 Surigao del Sur
IBP No. 262669/01-03-2023/Surigao del Sur
PTR No. 0282244/01-03-2023/Surigao del Sur
Roll of Attorneys No. 41883
MCLE Compliance No. VI-0028123-July 27, 2019

Republic of the Philippines…}

Province of Surigao del Sur…}
Tandag City…} S.S.

VERIFICATION
I, FIDEL OSORIO RESARE, Filipino, of legal age, married and a resident of
Purok 2, Barangay Janipaan, San Agustin, Surigao del Sur, state under oath that:

1. I am the respondent in the above - captioned case;

2. I have caused the preparation of this Answer;

3. I read the contents hereof and the same is true and correct based on my
personal knowledge and authentic records;

IN WITNESS WHEREOF, I have set my hand this ____________________ in

Tandag City, Surigao del Sur.

FIDEL OSORIO RESARE

Affiant
PCN: 3764-7024-9721-3907

SUBSCRIBED AND SWORN TO before me this ____________________ in

Tandag City, Surigao del Sur, affiant personally appeared and affixed his signature with
proof of his identity referred to above. I hereby certify that the same is his free act and
deed and the contents are fully understood to him.

Copy furnished:

JEMELITA BARQUIN
Purok 1, Brgy. Janipaan,
San Agustin Sur. Surigao del Sur

ATTY. RONALD I. MAGALLANO

ATTY. ERNIE Y. GULTIANO
National Highway, Poblacion,
Marihatag, Surigao del Sur
OFFICE OF THE CLERK OF THE COMMISSION
8th Floor, Palacio del Gobernador BLDG.,
General Luna St., Intramuros, Manila