MANILA -- The Commission on Elections (Comelec) has disqualified Cagayan governor Manuel Mamba in the May 2022 National and Local Elections for violation of Omnibus Election Code (OEC) in connection with the disbursement of public funds during the campaign season.
In an 18-page decision, the Comelec Second Division granted the petition filed by Ma. Zarah Rose De Guzman Lara, also a gubernatorial candidate in the province during the last polls, accusing the elected official for allegedly using provincial government funds under the "No Barangay Left Behind" (NBLB) programs and/or "No Town Left Behind" (NLTB) and "Oplan Help in Barangay."
The petitioner also claimed that respondent distributed a total of PHP550 million to all registered voters of Cagayan, where each voter received PHP1,000 under the "Krusada Against Corruption" (KKK) program.
In its decision which was promulgated on Dec. 14, the Second Division found the respondent of violating a provision of the OEC based on the pieces of evidence presented by Lara.
“As the Constitutional body with the exclusive charge of the enforcement and administration of all laws relative to the conduct of elections, including Sec. 261 (v) (2) of the OEC, the Commission issued Comelec Resolution No. 10747. Thus, it is incumbent upon us to strictly implement the prohibition on the release, disbursement of expenditure of public funds not in accordance with existing laws, rules, and regulations. Therefore, based on the evidence presented, Petitioner has overcome the burden of proof with substantial evidence to establishes that Respondent violated Sec. 261 (v) (2) of the OEC,” it said.
Under Sec. 2 of the said Resolution, it prohibits public officials or employees, village officials and those corporations owned or controlled by government and their subsidiaries, to discharge, disburse or spend any public funds from March 25, 2022 to May 8, 2022 under the provisions stated.
The Comelec added that despite having a Certificate of Exception under Sec. 13 of Comelec Resolution No. 10747, such an exemption applies only to NILB and on the condition that the amount paid during the 45-day restriction must be submitted and no exemptions were provided for the Barangay Assistance and KKK Programs.
“Wherefore, premises considered, the Petition is granted. Respondent Manuel N. Mamba is disqualified as a candidate for the position of Governor of the Province of Cagayan in the May National and Local Elections,” the ruling said.
Meanwhile, Comelec spokesperson John Rex Laudiangco said Mamba may still appeal the decision of the Division– which is composed of Presiding Commissioner Marlon Casquejo, and members Rey Bulay and Nelson Celis -- by filing a Motion for Reconsideration (MR) before the Commission en banc.
“The Respondent may still file a Motion for Reconsideration (MR) which will be elevated to the Commission en banc,” he said in a message to the media, adding that Mamba has five calendar days to file his MR. (PNA)
