BAGUIO CITY – The Commission on Elections (Comelec) second division has ordered the cancellation of the certificate of candidacy (COC) of Avelino Amangyen, a mayoralty candidate in Paracelis, Mountain Province for the May 9 election for lying about a conviction in a criminal case.
A 13-page decision penned by Comelec division presiding commissioner Marlon Casquejo said “in view of the Respondent’s conviction by final judgment of an offense which carried with it the accessory penalty of perpetual absolute disqualification, Respondent is in effect ineligible to run for office pursuant to Section 12 of the OEC (Omnibus Election Code). Such ineligibility, which took effect as soon as the judgment against him attained finality contradicts material representations in his COC.”
The decision was signed by all three members of the division and promulgated on April 19. A copy of the document was sent to the local media on Thursday.
Amangyen was found guilty of the violation of Presidential Decree 705 or the Forestry Code in 2013. The conviction was upheld by the Court of Appeals and subsequently by the Supreme Court in 2018.
The division said Amangyen, in his COC, gave a “No” answer to the question “Have you ever been found liable for an offense which carries with it the accessory penalty of perpetual disqualification to hold public office which has become final and executory” and went on to write N/A in spaces provided where the candidate is required to provide information.
The Comelec said, “the material representation in his COC contradicting the existence of his conviction as well as perpetual disqualification serve as grounds for the cancellation thereof under Section 78 of the OEC.”
Amangyen’s case stemmed from a raid conducted by the police in his residence in Paracelis where several board feet of forest products not covered by permits were found.
He was meted the penalty of reclusion temporal that carries an imprisonment of a minimum of 12 years and one day and 20 years as maximum.
The Comelec, in its decision, also said "Respondent argues that his conviction is not yet final in view of a pending incident before the Supreme Court. This Commission holds, however, that the pending incident does not affect the finality of Respondent's conviction." (PNA)
