ER Ejercito appeals disqualification

By: Tetch Torres-Tupas - 10 years ago

Laguna Governor Emilio Ramon “ER” Ejercito. ROMY HOMILLADA

MANILA, Philippines—Laguna Governor Emilio Ramon “ER” Ejercito on Friday asked the Supreme Court (SC) to stop the Commission on Elections (Comelec) from implementing its May 21, 2014 decision ordering him to vacate his post after he was found guilty of election overspending during the 2013 midterm polls.

In a 22-page petition for certiorari, Ejercito also asked the high court to nullify the Comelec’s resolution.

Ejercito said the Comelec committed grave abuse of discretion when it disqualified him when the petition filed against him was only for a request to initiate a criminal proceeding for violation of election laws.

But he said the Comelec assumed that the case was for his disqualification contrary to Section 68 of the Omnibus Election Code.

Section 68 of the Omnibus Election Code requires that “a party is declared by final decision of a competent court guilty of or found by the Commission of …spent in his election campaign an amount in excess of that allowed by this Code…shall be disqualified from continuing as a candidate or if he has been elected, from holding the office.”

Instead of filing a criminal complaint against him or ordering a conduct of an inquiry on allegations of overspending, he said, he was already disqualified from office.

“Indeed, a judgment meting out the penalty of disqualification before the conduct of a preliminary investigation into the factual allegations thereof is premature and constitutes a clear violation of petitioner’s right to due process,” the petition further stated.

Ejercito said a haphazard ruling disqualifying him from office without holding a proper preliminary investigation would make the Comelec ruling unjust.

Ejercito told the high court that the Comelec’s ruling would become final within five days after its promulgation thus, a restraining order is necessary to stop its implementation.

He said he is willing to post a bond to cover all damages which private respondent [complainant before the Comelec] Edgar “Egay” San Luis would suffer in case a restraining order will be issued.

Ejercito was disqualified for spending up to P23,563,365.28 for his campaign when he is only authorized to spend only P4,576,566.00.

Ejercito was also found to have given certain orange cards “to influence, induce, or corrupt the voters.”