MANILA, Philippines - Voting unanimously, the Supreme Court (SC) yesterday upheld the Commission on Elections (Comelec)’s ouster of Emilio Ramon “ER” Ejercito as governor of Laguna.
In a 12-0 vote, the SC junked Ejercito’s petition that contested the Comelec resolution disqualifying him for overspending in the 2013 elections.
The Comelec on May 1 issued a resolution saying Ejercito spent more than P23 million for his campaign, in excess of the allowed P4.5 million or P3 per voter.
Ejercito was disqualified by the Comelec’s First Division on Sept. 26, 2013, based on a petition filed by his rival, Edgar San Luis. The order was affirmed by the entire poll body on May 1 this year.
Manila Mayor Joseph Estrada, Ejercito’s uncle who is himself facing a disqualification case before the SC, said they would bow to the court.
Ejercito had challenged the May 1 resolution, accusing the Comelec of grave abuse of discretion in disqualifying him from his post in the absence of a formal complaint.
He said San Luis filed only a request to initiate a criminal proceeding for violation of election laws.
“A judgment meting out the penalty of disqualification before the conduct of a preliminary investigation into the factual allegations thereof is premature and constitutes a clear violation of petitioner’s right to due process,” Ejercito said.
He said the Comelec merely assumed the case was for his disqualification, which is contrary to Section 68 of the Omnibus Election Code.
The erstwhile Laguna governor could not be reached for comment. His lawyers said they have notified Ejercito, who said he would issue a statement after receiving a copy of the ruling.
Ejercito was replaced by Vice Gov. Ramil Hernandez as governor even after he tried to hold on while his supporters picketed the premises of the provincial capitol.
Hernandez, through Laguna public information chief Chris Sanji, said he is focused on delivering to his constituents his 8-point agenda.
In a text message to The STAR, he also said he would concentrate on work and not talk of politics until 2016.
Ejercito left on May 30 upon the prodding of Estrada.
Estrada, for his part, said they have no choice but to follow the court ruling against his nephew.
“We cannot do anything about it. We have no choice. We have to bow to the decision of the Supreme Court,” he said.
Estrada, however, said he cannot understand why his nephew was singled out.
“There is no politician who does not overspend during the elections and the campaign. It is just saddening that ER was singled out,” Estrada said.
Sen. JV Ejercito agreed, saying the ruling had singled out his cousin and their family.
“I am curious why it seems that only those with Ejercito as surnames have been filed with election-related cases,” Ejercito said in Filipino. Ejercito pointed out his father, Mayor Estrada, has a pending disqualification case before the Supreme Court.
He also has his own case of overspending in relation to his campaign for the congressional seat in San Juan City even though he ran unopposed.
“It is becoming too obvious that they want us removed from politics,” Ejercito said.
He said the SC ruling was a political move against their family.
Ejercito said he was saddened by the SC ruling but it was something that just had to be accepted. – Jose Rodel Clapano, Marvin Sy, Ed Amoroso