Comelec should disqualify candidates tinkering with ayuda

I have witnesses willing to testify that certain national and local candidates have dominated the distribution of government funds for ayuda and used the occasion to campaign. DSWD, DOLE, and other agencies should be careful. These candidates shall soon get the ax from Comelec. They should be disqualified and executive officials can be brought before the Ombudsman.

It’s now a matter of public knowledge and of official record that an Albay gubernatorial candidate and his wife, a Legazpi mayoral candidate, were disqualified for supposedly taking part in the distribution of DSWD funds. Take note there may be politicians in Cebu doing likewise.

These were four consolidated cases promulgated by the Supreme Court on October 24, 2024, in Noel Rosal vs. Comelec, GR 264125, consolidated with Carmen Rosal vs. Comelec, GR 266775. The Rosal couple went to the Supreme Court seeking a reversal of the Comelec's ruling, which ousted both of them. In this case, SC decided against them and upheld the Comelec decision.

The law allegedly supposedly violated by both were Sections 68, a and 68, (e), in relation to Section 261 (v) (2) of the Omnibus Election Code. This law provides that "should a calamity or disaster occur, all releases normally coursed through the said offices shall be turned over to, and administered by, the Philippine National Red Cross, subject to the supervision of the COA or its representatives."

The petition to disqualify also included another ground, e. g. that the couple allegedly engaged in vote-buying in supposed violation of Section 68 (a). On September 9, 2022, the Comelec 1st Division disqualified Noel Rosal. He appealed to the Comelec en banc which dismissed his appeal. On October 4, 2022, the NLRC, Second Division also disqualified Carmen Geraldine Rosal who likewise raised her case to the Comelec en banc, which also upheld her disqualification only on the ground of vote-buying.

The SC ruled against the Rosal couple, and the Comelec rulings were affirmed. First the court held that the Comelec did not commit grave abuse of discretion amounting to lack or excess of jurisdiction in holding that Noel is guilty of violating Sections 261 (v) and 261 (v) (2) of the Omnibus Election Code respectively.

It should be emphasized that 261 (v) prohibits the release, disbursement, or expenditures of public funds by any public official or employee and Section 261 (v) (2) further prohibits the direct or indirect participation in the distribution of any relief for other goods of a candidate or of his or her spouse or a member or his or her family within the second civil degree or affinity or consanguinity."

The SC also dismissed the Rosal's arguments that they needed to help because it was the time of the pandemic and the people needed help. The SC stressed that the health pandemic did not remove the prohibition under the Omnibus Election Code. The SC also held that the fact that the Rosal couple were not guilty of vote-buying does not mean that they were not guilty of violating the prohibition against interfering in the distribution of welfare funds.

In conclusion, the SC ruled that the disqualification of both Noel Rosal and Carmen Geraldine Rosal imposed by the Comelec was valid, legal and reasonable. Both the law and jurisprudence justify such a ruling disqualifying both the husband and wife. I know that most of the governors and mayors do interfere in the distribution of welfare goods but only the Rosals were caught due to the vigilance of their political enemies.

I have some testimonies of local politicians who are directly and indirectly interfering in the distribution of a number of DSWD and other agency's funds. I hope that all the guilty governors and mayors should be caught, prosecuted and, if convicted, imposed more stringent penalties.

The Rosals were the sacrificial lambs. I hope that even administration-affiliated candidates in Cebu and elsewhere should also get the ax. What is good for the goose should also be good for the gander.

I am warning all candidates that there are people who are gathering evidence against you. Better be more careful and have a sense of shame. Do not get mileage from ayuda distribution and for giving out government funds which are being distributed not due to your initiative.

The people should be more discerning and vigilant. Let's not be fooled, hoodwinked, or deceived by these trapos. Let us junk them and vote for their more-deserving opponents.