Superior Court Associate Judge David Wiseman said Rebuenog was a domiciliary of the Northern Islands.
He earlier declared Rebuenog as having defeated independent candidate Tobias Dela Cruz Aldan by a vote of 64 to 62, after disqualifying 18 voters.
“The decision failed to surprise,” said attorney Robert T. Torres, Aldan’s counsel. “Mr. Aldan disagrees and continues to take exception with the court’s rulings, including this one. The appeal persists.”
Torres earlier appealed Wiseman’s ruling in the Supreme Court.
Wiseman found that Rebuenog, represented by attorney Richard W. Pierce, had satisfied the candidacy requirements.
According to Wiseman, a candidate for mayor must be a domiciliary of the Northern Islands for at least three years immediately preceding the date on which the mayor takes office.
The judge said Rebuenog satisfied the residency and domiciliary requirements under the statutes, and thus is found to be an eligible candidate for mayor of the Northern Islands.
Torres insisted that Rebuenog lacks the domiciliary requirement, and that five “illegal and incredible” votes were not deducted from the total tally.
After hearing the oral arguments of both parties on Wednesday, the Supreme Court ordered the trial court to determine Rebuenog’s domiciliary first.
“Adopting the trial court’s position in this case might only lead to slower resolution of election disputes, but could also lead to absurd results,” stated the Supreme Court order, which was signed by Chief Justice Miguel S. Demapan, Associate Justice John A. Manglona and Justice Pro Tem Edward Manibusan.
The Supreme Court also reiterated that it “retains jurisdiction to consider this matter on appeal, and to determine all other remaining issues.”
