Comelec junks DQ case against ER Ejercito

THE Commission on Elections (Comelec) has dismissed the disqualification case against unseated Laguna Governor Emilio Ramon (ER) Ejercito.

In a resolution dated Feb. 10, 2016 but released to the media Tuesday, the Comelec First Division said although Ejercito was disqualified and removed from his post due to overspending in the 2013 elections, such ruling “does not extend to the May 2016 elections or any subsequent election for that matter.”

Aside from citing Ejercito’s disqualification case in 2013, complainant Abner L. Afuang said the unseated governor made material misrepresentation in his certificate of candidacy (COC) that he was eligible to run in the 2016 polls.

Ejercito, through his lawyers, Romulo Macalintal and Antonio C. Bautista, argued that the petition should be dismissed because his disqualification in 2013 applied only for his candidacy in the May 2013  elections and does not extend to the May 2016 elections or any subsequent elections” and that Afuang had no legal personality to file the case since Afuang is not a candidate for governor in the 2016 elections.

In sustaining Ejercito’s arguments, the Comelec ruled that Afuang’s petition is “procedurally infirm” and should be summarily dismissed since Afuang is not authorized by law to file the petition for not being a candidate in the 2016 elections, pursuant to Section 2, Rule 6 of the Comelec Rules of Procedure.

The Comelec ruled that the disqualification of Ejercito in 2013 elections “removed him from office only for the term covering the period of 2013 – 2016 and does not prevent him from filing a COC for the same office, absent a final and executor judgment convicting him of violating Section 100 in accordance with Section 262 of the Omnibus Election Code.”

“Disqualification from participating in future elections can only be imposed upon conviction of any offense that carries the accessory penalty of disqualification to hold public office”, the Comelec added.

The resolution was signed by Comelec First Division Presiding Commissioner Christian Robert S. Lim with the note “Even after determining the true nature of the case, this case is dismissed on the merits.”; and concurred in by Commissioners Louie Tito Guia and Ma. Rowena Amelia A. Guanzon.