MANILA, Philippines - Laguna Gov. Emilio Ramon Ejercito Tuesday asked the Commission on Elections (Comelec) to reverse its ruling disqualifying him from the May 2013 midterm elections.
In his 28-page motion for reconsideration, Ejercito argued that Comelec's First Division has no jurisdiction over the case.
"With all due respect, Respondent Ejercito espouses the position that this Honorable Commission (First Division) has no jurisdiction to take cognizance of this case since it is the duly authorized legal officers of the Honorable Commission who has (sic) the exclusive power to act upon and prosecute election offenses such as those alleged in the petition filed by San Luis,†he said.
He noted that the case, filed by his rival, Edgar San Luis, should have been filed before the poll body’s Law Department as provided by its rules on election offense cases.
"The Honorable Commission (First Division) therefore committed a grave error when it conveniently arrogated unto itself the exclusive power of the authorized legal officers of this Honorable Commission to take cognizance of an election offense such as that filed by the Petitioner in this case,†Ejercito said.
The Laguna governor also said that the First Division did not give him due process such as when the body did not inform him of notices of hearings.
"Regrettably, it is clear from the actuations of the Honorable Commission (First Division) that Respondent Ejercito cannot expect a fair trial in this case. Respondent’s defense was doomed from the start not because the same lacks merit but because of the evident bias and partiality of the First Division,†said Ejercito.
The governor, meanwhile, declined to discuss the overspending issue in his petition.
"Respondent Ejercito would like to make it of record that he purposely did not discuss the factual findings of the First Division as contained in the subject Resolution because it may be construed as a waiver of the jurisdictional issues raised by herein Respondent,†the MR added.
The Comelec ordered the disqualification of the Laguna governor for alleged election overspending.