CEBU, Philippines - Cebu City south district Representative Rodrigo “Bebot” Abellanosa, who is seeking reelection, is facing a disqualification case before the Commission on Elections.
The Comelec-North District office received the three-page petition filed by one Philip Banguiran at 12:16 p.m. yesterday.
Banguiran said Abellanosa is not eligible to run for public office since the Office of the Ombudsman has found the congressman guilty of grave misconduct.
Banguiran was the same person who filed the complaint against Abellanosa on December 13, 2012.
Abellanosa, in a text message sent to The Freeman last night, however, said Banguiran is just being used by Team Rama to file the petition.
“It is a cheap gimmick and publicity stunt that will not merit an iota of attention and consideration by Comelec. This fake petition will surely be summarily dismissed by Comelec,” he said.
How can I be disqualified when I have never been dismised in the first place? Kung gi-dismiss pa ko dili na unta ko congressman karon. Note that perpetual disqualification is only an accesory penalty to dismissal,” he added.
“In the decision of said case, Abellanosa was meted the penalty of dismissal from service, with cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in the government service,” Banguiran said in his petition.
On May 16, 2014, Ombudsman Conchita Carpio Morales found Abellanosa guilty of the grave misconduct case Banguiran filed.
The case stemmed from Abellanosa, then a city councilor, signing the memorandum of agreement between the city government and the Asian College of Technology for city scholars to enroll in the school, where he was also a trustee-president.
“It was viewed by the Honorable Ombudsman-Visayas that respondent Abellanosa’s dual positions as then City Councilor and also Trustee-President …created conflict of interest. Moreover, it tended to affect and erode the faithful performance of his official or public duties, a matter strictly prohibited by law,” Banguiran said.
Abellanosa filed a motion for reconsideration with the Office of Ombudsman it was denied by the office last February 17, 2015.
The ombudsman then ordered the cancellation of Abellanosa’s eligibility, forfeiture of his retirement benefits, and his perpetual disqualification from public office.
“The accessory penalty of perpetual disqualification for reemployment in government service has the effect of disqualifying the convicted person from holding any government position both elective and appointive positions. Thus, respondent is no longer eligible to run for any position in the government service,” Banguiran said.
Comelec-North District Election Officer Marchel Sarno confirmed receiving the petition.
“I will forward the petition sa (Comelec) central office kay sila ang mo-decide ana,” Sarno told The FREEMAN.
Abellanosa filed his Certificate of Candidacy last October 14 seeking reelection under Bando Osmeña Pundok Kauswagan and the Liberal Party.
“The act of Abellanosa in stating in his COC that he is eligible to run for public office constitutes false material representation, which is ground for the denial of due course or cancellation of Certificate of Candidacy under Section 78 of the Omnibus Election Code,” Banguiran said.
Section 78 of the Omnibus election Code states that “a verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 (contents of the COC) hereof is false.”
“The same section also states that “the petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than 15 days before the election.” — RHM (FREEMAN)