What Went Before: ER Ejercito’s disqualification as Laguna gov

In September 2013, the Commission on Elections (Comelec) First Division ruled to unseat Laguna Gov. Emilio Ramon “ER” Ejercito for excessive spending to win reelection during the 2013 May elections. Ejercito is the nephew of former President and now Manila Mayor Joseph “Erap” Estrada and cousin of Sen. Jinggoy Estrada.

Comelec Chair Sixto Brillantes Jr. said Ejercito spent more than P20 million in political ads on the TV network ABS-CBN in violation of the campaign finance law that set a P4.5-million ceiling on his campaign expenses.

The complaint over expenses against Ejercito was filed by defeated Liberal Party candidate for governor, Edgar San Luis, who also provided documentary evidence against Ejercito.

According to the division’s Sept. 26 resolution, Ejercito spent P6 million in television advertisements when he was allowed to spend P4.5 million for the 1,525,522 registered voters in the province. Under the Omnibus Election Code (OEC), local candidates may spend only P3 per voter.

“We also have additional documents showing that there was not just one receipt for P6 million. There were also other contracts [between Ejercito and] ABS-CBN,” Brillantes said.

“The total, as far as the records would show, reached over P20 million. Therefore, there’s a violation under the campaign finance law and the Omnibus Election Code,” he added.

Appeal

On Sept. 30, Ejercito appealed to the Comelec to reverse his ouster for alleged overspending during the campaign period. In a motion for reconsideration that his lawyer George Erwin Garcia filed for him, Ejercito said the Comelec First Division had illegally changed the nature of the case from alleged overspending, which is an election offense, to disqualification.

The division also violated his right to due process by not informing him of the change, he said.

Ejercito claimed that he spent only P401,586.62 for his political ads, as stated in his statement of election contributions and expenditures.

However, on May 21, 2014, the Comelec affirmed through a unanimous vote the disqualification and removal from office of Ejercito.

Unanimous

“The voting was unanimous, 7-0. So, there is no doubt with our decision since there is no dissenting opinion,” Brillantes said, adding that disqualification was just the administrative aspect of the case against Ejercito.

“The criminal aspect has to go to our law department for further investigation. That is separate,” he said.

Under the OEC, an election offense, which includes overspending, carries a penalty of one to six years’ imprisonment aside from disqualification to hold public office and removal of the right to suffrage.

According to the en banc resolution, Ejercito spent a total of P23.5 million in last year’s election campaign.

“These findings support the conclusion that Ejercito should be disqualified to continue as a candidate in the May 13 elections and from holding office… We see no reason to depart from the foregoing ruling of the Comelec First Division,” the en banc said in its decision.

Plea to SC

On May 23, Ejercito asked the Supreme Court to stop the poll body from implementing its decision.

Ejercito also asked the high court to nullify the Comelec’s resolution, saying the poll body committed grave abuse of discretion in finding him liable for spending P6 million for TV ads during the campaign period when the OEC allowed him to spend only P4.5 million.

Ejercito’s staff and supporters then barricaded the capitol grounds in Sta. Cruz, Laguna province, to protest their leader’s disqualification.

On May 27, the Comelec swore in Vice Gov. Ramil Hernandez as governor of Laguna. Hernandez held office at the Laguna Sports Complex, a five-minute drive from the capitol.

On May 30, after a visit from Manila Mayor Estrada, Ejercito left his office at the provincial capitol but vowed to continue to challenge his disqualification case in the Supreme Court.

In a speech before Ejercito’s supporters, Estrada vowed to fight for his nephew, who he said was being singled out from among the majority of politicians who overspent during the elections.

Estrada also recounted his ouster as San Juan mayor and president, and said he opted to step down for the sake of peace.

Ejercito left the government building with Estrada and headed for his hometown, Pagsanjan.–Inquirer Research

Source: Inquirer Archives