Ejercito told: Act as gov, face usurpation rap

ACTOR ER Ejercito addresses a group of supporters at the provincial capitol of Laguna shortly after he was ordered removed from office by the Commission on Elections for campaign overspending, a major election offense. AL BENAVENTE/CONTRIBUTOR

The Commission on Elections (Comelec) warned actor Emilio Ramon “ER” Ejercito against continuing to exercise the function and powers of governor, saying that would be usurpation of authority.

Ejercito, removed as Laguna governor for overspending, refused to heed the Comelec order to oust him and replace him with now Gov. Ramil Hernandez.

The regional director of the Department of the Interior and Local Government  (DILG) in Calabarzon (Cavite, Laguna, Batangas, Rizal, Quezon) arrived at the provincial capitol of Laguna Wednesday to serve the writ of execution issued by the Comelec removing Ejercito as governor.

Josefina Go, DILG regional chief, said the writ was issued late Tuesday. Go arrived with Juanito Icaro, Comelec regional chief, to serve the writ to Ejercito.

Comelec Chair Sixto Brillantes said the writ was considered served even if Ejercito refused to receive it.

The Comelec on Tuesday swore in Hernandez as new governor. Hernandez decided to temporarily hold office at  Laguna Sports Complex here while Ejercito continued to hole  up in the capitol.

The Calabarzon police sent 100 men to the capitol but Chief Supt. Jesus Gatchalian, regional police director, said they were just a peacekeeping force and not meant to bodily remove Ejercito from the capitol.

Brillantes, in an interview with reporters, said Ejercito would be charged with contempt and usurpation of authority if he continued to exercise the functions of governor.

Brillantes said the “legitimate” governor of Laguna was now Hernandez. Ejercito, said Brillantes, has no more authority to sign documents as governor.

“The legitimate governor may file a case of usurpation of authority against him (Ejercito), especially if he signs documents,” Brillantes said.

Ejercito refused to leave the provincial capitol, saying doing so meant abandoning Laguna residents who voted for him. On Tuesday, at least 300 of Ejercito’s supporters continued to hold ground in the capitol.

Ejercito said he continued to hinge his hope on the Supreme Court, which did not issue a temporary restraining order (TRO) on Tuesday, the deadline that the Comelec gave Ejercito to obtain a TRO.

Brillantes said it did not matter if Ejercito stayed at the capitol as long as the writ had been served.

“If we post it (writ) at the capitol and he refused to receive it or refused to let anyone in, that is equivalent to service (of the writ),” Brillantes said.

“The taking over of an office is not the physical takeover of the capitol but the formal assumption of the rights and privileges of the governor,” Brillantes said.

This means, he said, “we will recognize the vice governor as the governor.”

“The DILG will have to recognize him as the governor as well as the police, the department heads and all the other officials,” Brillantes said.