Comelec reverses disqualification of Cagayan Gov. Mamba
Cagayan Governor Manuel Mamba
MANILA, Philippines — Cagayan Governor Manuel Mamba has retained his post after the Commission on Elections (Comelec) reversed its decision to disqualify him from the 2022 national and local elections.
In a statement released late Monday night, the poll body said that the Comelec en banc reversed the Comelec Second Division’s resolution on Dec. 14, 2022 which disqualified Mamba over the alleged disbursement of government funds from March 25 to May 8, 2022.
“Sa naturang Resolution ngayon, sinabi ng Commission en banc na ang Comelec ay walang authority o jurisdiction para dinggin o resolbahin ang naturang petition at magpasya sa issue ng diskwalipikasyon ni Mamba sa posisyong Gobernador ng Lalawigan ng Cagayan sa 2022 [elections] sa kadahilanang ito ay naisumite at nailagak lamang pagkatapos ng kanyang proklamasyon,” said Comelec.
(In a Resolution today, the Commission en banc said that the Comelec does not have the authority or jurisdiction to hear or resolve the said petition and decide on the issue of Mamba’s disqualification for the position of Governor of the Province of Cagayan in 2022 elections for the reason that it has been submitted and was deposited only after his proclamation.)
The poll body explained that Under Section 3, Rule 25 of the Comelec Rules of Procedure, petitions for disqualification can no longer be placed after the candidate’s proclamation to their post.
Mamba was proclaimed governor of Cagayan at 1:39 a.m. on May 11, while the petition for disqualification was filed via email at 6:21 p.m. of May 10, which was beyond office hours and was deemed received the following working day at 8 a.m. on May 11.
May still be disqualified
However, the Comelec said that the criminal aspect of a disqualification case may still be filed even after a candidate had been proclaimed, which can still result in disqualification of the one who violated the law.
It cited a Supreme Court decision, in which it held that the Comelec Law Department had the authority to determine whether there is probable cause to file a case for an election offense against a candidate and file a criminal case before the proper court.
“Dahil dito, isinangguni ng Commission en banc ang kasong ito sa Law Department para sa pagsasagawa ng preliminary investigation,” said Comelec.
(Because of this, the Commission en banc referred this case to the Law Department to conduct a preliminary investigation.)
