ILOILO CITY –– A former governor of Antique is facing up to three years of imprisonment for ordering the preventive suspension of a mayor during the 2013 election period.
Exequiel Javier was also disqualified from holding public office and deprived of his right of suffrage.
In his ruling dated Sept. 3, Judge Ernesto Abijay Jr. of the Regional Trial Court (RTC) in Antique Branch 10 found Javier “guilty beyond reasonable doubt” of violating the Omnibus Election Code in the 2013 elections.
Abijay said Javier violated Section 261 (x) of the election law, which prohibits the suspension of any elective official during the election period without prior approval of the Commission on Elections (Comelec) unless the suspension is related to graft and corruption.
Javier, however, can still appeal the decision up to the Supreme Court.
The Comelec had charged Javier for the offense of ordering the preventive suspension of Mayor Mary Joyce Roquero of Valderrama town in Antique during the 2013 election period without Comelec approval.
Javier suspended Roquero for 30 days concerning an administrative case filed by the then Vice Mayor Christopher Maguad of Valderrama.
Maguad, an ally of Javier, filed the case against Roquero for allegedly failing to implement a municipal zoning ordinance banning the construction of gasoline and water refilling stations less than 100 meters from churches and other public buildings.
In refuting the allegation, Roquero said the municipal ordinance did not take effect because it was not published in a newspaper of general circulation as required by law.
Javier, a lawyer, testified during the trial that he issued the suspension order because he was “convinced in good faith” that the provision on the suspension of elective officials in the Omnibus Election Code was impliedly repealed and decriminalized by provisions of the Local Government Code.
He also argued that he could not be held criminally liable because the suspension order was defied by Roquero.
In his ruling, Abijay said there is no conflict or irreconcilability in the provisions of the Omnibus Election Code and Local Government Code.
He said both laws were enacted “to prevent politically motivated acts that could harass or coerce the opposing person, candidate, or political party during the elections.”
Javier also cannot evade criminal liability whether or not the suspension order was followed by Roquero, according to the ruling.
Javier, who has dominated Antique’s politics from 1987 until 2016 when he lost to Antique Gov. Rhodora Cadio in the gubernatorial race.
He also lost to Antique Rep. Loren Legarda in the 2019 elections.
Javier served as a representative of the province’s lone congressional district for six terms from 1987 to 1998 and from 2001 to 2010. He was also the governor from 1998 to 2001 and 2010 to 2016.