Disqualification

DearAlex,

Please allow me, for the sake of fair comment, to balance your column on your topic “Governors” which appeared in the November 18 issue of the Philippine STAR.

Three (3) cases were filed against me in the Commission on Elections in 2013.

First Case. This case involves an election offense filed by Mayor Joyce Roquero for the alleged violation of the election ban under the Election Law for placing her under preventive suspension.

She was placed under preventive suspension by the Governor for Grave Misconduct and Abuse of Authority upon recommendation of the Sangguniang Panlalawigan. Before she was placed under preventive suspension, the Regional Trial Court (RTC) decision enjoined the Sangguniang Panlalawigan and the Governor’ from placing her under preventive suspension.

We went to the Court of Appeals which issued a Temporary Restraining Order (TRO) and subsequently, a Preliminary Injunction enjoining the RTC from implementing its decision. Hence, she was placed under preventive suspension under the cover of the injunctive orders of the Court of Appeals. She was placed under preventive suspension on January 23, 2012 before the ninety (90) day ban  on preventive suspension of local officials prescribed in Section 62(c) of the Local Government Code (LGC) which started to run on Feb. 13, 2013.

Yet, the Come1ec ordered my prosecution for election offense filed in the RTC which previously enjoined us from placing her under preventive suspension.

We went to the Court of Appeals for the inhibition of the presiding judge of the RTC from hearing the case on grounds of bias. The Court of Appeals issued a Temporary Restraining Order and subsequently, a Preliminary Injunction enjoining the presiding judge from hearing the case. The hearing is presently suspended.

Incidentally, the order placing Mayor Roquero under preventive suspension was never implemented. The Mayor defied the order and never stepped down as Mayor.

Second Case. This case involves an election protest filed by Mr. Cornelio Aldon, a two-time loser, to unseat me as governor for the term 2013-2016. Mr. Aldon abandoned his election protest which was eventually dismissed by the Comelec.

Third Case. Having failed to unseat me through his election protest, Mr. Aldon with Mr. Raymundo Roquero, former director of the Philippine Charity Sweepstakes Office (PCSO) and facing plunder charges in the Sandiganbayan and who lost in the congressional race in 2013, filed a disqualification case on the ground of coercion or intimidation to unseat me as governor. The Second Division of the Comelec in resolving the case ended in a tie, hence, the case was elevated to Come1ec En Bane for resolution.

Based on the dissenting opinion in the Second Division, coercion or intimidation was removed as ground for administrative disqualification by the Comelec in the exercise of its quasi-judicial functions under Section 68 of the Election Code by specific, direct and express repeal of Section 261, paragraph d(1) and d(2) pursuant to Republic Act No. 7890.

In the final analysis, the disqualification on the ground of coercion or intimidation is no longer punishable under the Election Code but under the Revised Penal Code, the jurisdiction of which has been transferred to the courts. Disqualification on ground of coercion or intimidation may be imposed as an accessory penalty for violation of the Revised Penal Code.

In the same vein, I don’t agree that Comelec has the power to disqualify Governor Ejercito on grounds of overspending which is an election offense under the Election Code. The Comelec, in the exercise of its power to disqualify, as a quasi-judicial body, is governed by the substantial evidence rule. Over-spending, as an election offense, should be decided in full-blown hearing in the trial courts which are governed by the rule of proof beyond reasonable doubt.

We went through administrative and judicial processes prescribed under the rule of law to get justice for our cause which is to discipline despotic and abusive elective municipal officials. We never invoked the assistance of Malacañang. We have great respect for President Aquino and we know that he has an aversion in interfering with processes outside the reach of the Executive Department. Please don’t involve the President in our cases in the Comelec. He has more important things to do. — EXEQUIEL B. JAVIER, Antique Governor