MANILA, Philippines - The Commission on Elections (Comelec) has ordered the filing of criminal charges against Antique Gov. Exequiel Javier for allegedly violating the Omnibus Election Code.
The Comelec en banc ordered its Law Department to file the case against Javier, an ally of the Aquino administration, before the regional trial court of Antique.
The order dated Sept. 3 was signed by Comelec Chairman Sixto Brillantes Jr. and Commissioners Lucenito Tagle, Elias Yusoph, Christian Robert Lim, Ma. Gracia Cielo Padaca, Al Parreno and Luie Tito Guia.
Last Jan. 23, Javier ordered Valderrama town Mayor Mary Joyce Roquero suspended based on a complaint filed by Vice Mayor Christopher Maguad for alleged gross misconduct, dereliction of duty and grave abuse of authority.
Maguad alleged Roquero violated the zoning ordinance when she gave a business permit to a gasoline station.
The Antique court issued a 20-day temporary restraining order on the supposed suspension of Roquero. A preliminary injunction and a permanent injunction were handed subsequently.
A cease and desist order was later released in favor of Roquero.
The mayor claimed the suspension order violated the Comelec Omnibus Election Code.
Javier said he was only exercising his power under the Local Government Code and the suspension order was issued before the 90-day ban period and that the Local Government Code superseded the Omnibus election Code.
The poll body junked Javier’s contention saying there is no conflict between the LGC and the Omnibus Election Code.