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Advocates Philippines
COMELEC Denies Motion For Reconsideration By Vice-Gubernatorial Candidate In Aurora Province
Photo credit: Jerry A. Noveras
The Commission on Elections (COMELEC) en banc has ruled against Gerardo "Jerry" A. Noveras, a candidate for the vice-gubernatorial position of the Province of Aurora in the May 9, 2022 National and Local Elections (NLE). Noveras had filed a Motion for Reconsideration challenging the COMELEC First Division's decision that ordered his disqualification.
As a preliminary matter, COMELEC en banc, in its ruling dated September 6, 2023, highlighted its commitment to adjudicating cases based on their merits rather than technicalities. It cited Rule 23 of the COMELEC Rules of Procedure, which dictates that a failure to appear by the petitioner or their counsel at the preliminary conference could lead to case dismissal.
While it was acknowledged that Narciso dela Cruz Amansec failed to appear at the scheduled preliminary conference on May 17, 2022, COMELEC emphasized that strict adherence to procedural rules should not hinder the commission's efforts to prevent and penalize violations of substantive electoral laws.
Regarding the allegation that Noveras violated Section 261(e) of the Omnibus Election Code, the COMELEC en banc upheld that he could be disqualified under Section 68 of the Code for engaging in a scheme that indirectly compelled Mr. Tecuico to perform acts beyond the scope of his work in support of Noveras's candidacy.
COMELEC en banc stressed that Tecuico's indirect actions could be directly attributed to Noveras because Section 261(e) of the Omnibus Election Code explicitly states that the prohibited act must be proven to be undertaken by the respondent directly.
As a reminder, the findings of the COMELEC First Division dated July 10, 2023, revealed that Noveras had orchestrated a scheme compelling Tecuico, a casual plantilla worker of the Provincial Capital of Aurora, to engage in activities furthering his campaign. This included the use of government resources and premises for printing campaign materials for Noveras's campaign.
The COMELEC First Division also determined that Noveras had coerced, compelled, and influenced his subordinates to advance his 2022 NLE campaign, asserting that Tecuico's actions in printing campaign materials were a result of Noveras's influence or compulsion, given their respective positions within the government.
As a preliminary matter, COMELEC en banc, in its ruling dated September 6, 2023, highlighted its commitment to adjudicating cases based on their merits rather than technicalities. It cited Rule 23 of the COMELEC Rules of Procedure, which dictates that a failure to appear by the petitioner or their counsel at the preliminary conference could lead to case dismissal.
While it was acknowledged that Narciso dela Cruz Amansec failed to appear at the scheduled preliminary conference on May 17, 2022, COMELEC emphasized that strict adherence to procedural rules should not hinder the commission's efforts to prevent and penalize violations of substantive electoral laws.
Regarding the allegation that Noveras violated Section 261(e) of the Omnibus Election Code, the COMELEC en banc upheld that he could be disqualified under Section 68 of the Code for engaging in a scheme that indirectly compelled Mr. Tecuico to perform acts beyond the scope of his work in support of Noveras's candidacy.
COMELEC en banc stressed that Tecuico's indirect actions could be directly attributed to Noveras because Section 261(e) of the Omnibus Election Code explicitly states that the prohibited act must be proven to be undertaken by the respondent directly.
As a reminder, the findings of the COMELEC First Division dated July 10, 2023, revealed that Noveras had orchestrated a scheme compelling Tecuico, a casual plantilla worker of the Provincial Capital of Aurora, to engage in activities furthering his campaign. This included the use of government resources and premises for printing campaign materials for Noveras's campaign.
The COMELEC First Division also determined that Noveras had coerced, compelled, and influenced his subordinates to advance his 2022 NLE campaign, asserting that Tecuico's actions in printing campaign materials were a result of Noveras's influence or compulsion, given their respective positions within the government.
Sep 7, 2023
