MANILA, Philippines - Norzagaray, Bulacan Mayor Alfredo Germar cannot be unseated just yet as the Commission on Elections (Comelec) failed to resolve whether to disqualify the Liberal Party member or not.
While affirming a previous ruling to pursue a criminal complaint against Germar for alleged vote buying, the Comelec was unable to come out with the needed majority vote to disqualify him.
In a resolution, the Comelec instead ordered the holding of a re-hearing and re-deliberation on the administrative aspect of the disqualification case against Germar to get the required majority vote of four.
“With the vote 3 to grant, 2 dissenting, 1 no part, and 1 unable to vote, the administrative aspect of the petition for disqualification failed to obtain the necessary majority,” the poll body said.
Comelec Chairman Sixto Brillantes and Commissioners Lucenito Tagle and Elias Yusoph favored the disqualification of Germar while Commissioners Christian Lim and Luie Tito Guia voted against it.
Commissioner Al Parreno did not take part in the decision while Commissioner Grace Padaca was unable to vote.
Brillantes said Germar should still be disqualified as ruled by the Special First Division considering the gravity of the offense of vote buying.
“Should the instant petition for disqualification be dismissed by reason of technicalities per se, it will correspondingly deter the collective action and strong drive taken by the Commission against vote buying,” Brillantes said.
But Guia argued that the Comelec has lost jurisdiction on the case since Germar was proclaimed winner and was no longer considered a “candidate” at the time of the filing.
“The subsequent initiation of the petition for disqualification against them, even if done only a few hours after proclamation, can no longer prosper. Technically, they were no longer candidates who can be disqualified. This Commission has no legal authority to entertain, hear, and decide petition for disqualification against non-candidates,” Guia said.
Last year, the Comelec First Division ruled to disqualify Germar and Norzagaray councilor Rogelio Santos Jr. over allegations of vote buying during the 2013 midterm elections.
Based on the complaint filed by losing mayoral candidate Feliciano Legaspi, Germar, Santos and losing vice mayoral candidate Roberto Esquivel allegedly handed out envelopes containing P500 each and sample ballots to residents of Barangay Bitungol on May 11 last year.
With a majority vote, the Comelec found overwhelming evidence that Germar committed vote buying and referred the complaint to the legal department for preliminary investigation.
Aside from Germar, also set to face criminal charges are councilor Rogelio Santos, Esquivel, policemen Dale Soliba and Dominador Rayo, Marivic Nunez, Adelaida Auza, Amelia Cruz, and Leonardo Ignacio.
Vote buying is an election offense that carries a penalty of one to six years’ imprisonment, removal of the right to vote, and disqualification from holding public office.