Manaoag —Councilor  Kim Michael Amador remains in his post despite the decision of the Regional Trial Court ousting him as member of the Sangguniang Bayan of Manaoag.

This was disclosed by lawyer Amor Tolete, counsel of Amador who filed the notice of appeal in behalf of his client, which was also approved by RTC Judge Joven Costales of Branch 45.

Despite his being a newcomer in politics, the son of lawyer Alcide Amador of the Department of Environment and Natural Resources and Dahlia Amador of the Philippine Tourism Authority, topped the elections.

In an interview, Tolete said this effectively put the question on his client’s eligibility  before the Commission on Elections and until the same is decided with finality, Councilor Amador will stay in his post.

This stemmed from a Quo Warranto case filed  by Wilfredo Sibayan , barangay captain and president of the Liga ng Barangay of Manaoag who finished ninth in the May 10, 2004 elections for councilor.

Sibayan charged that Amador must be removed from his post because of his ineligibility to run for the position  during the May 10, 2004  polls.

Records of the case showed that Amador’s name was removed from the registered list of voters of his place due to his failure to vote during the local elections in 2001 and Barangay elections in 2002.

However, Amador filed a petition for re-listing of his name as a voter on Dec. 30, 2003 before the Municipal Trial Court of Manaoag which was granted on January 12, 2004.

Judge Costales ruled that when Amador filed his certificate of candidacy on Jan. 5, 2004, his name did not appear yet in the list of registered voters to qualify him to be a candidate.  The Omnibus  Election Code requires that a candidate must be a registered voter.

Lawyer  Tolete, however, said he has no doubt that his client will stay in office till he completes his term to serve the  people of Manaoag who elected him as their number one councilor, saying that the ball is now in the hands of the Comelec.

At the same time, Tolete debunked an alleged claim of Sibayan that he can now succeed Amador, explaining that what he filed was a Quo Warranto case which is different from an ordinary election protest.

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