Case Summary (G.R. No. 268891)
Relevant Facts
Gerardo A. Noveras filed his certificate of candidacy for Vice-Governor in the May 9, 2022 elections. In March 2022, Amansec discovered campaign materials for Noveras being printed on government premises by a casual employee, Michael Tecuico. Tensions escalated when Amansec was forcibly removed from the site after questioning Tecuico about the printing, leading Amansec to file a police report and seek a search warrant. A warrant was subsequently issued and executed on April 2, 2022, resulting in the seizure of various campaign materials, including tarpaulins with the names of Noveras and other candidates.
Legal Proceedings and Allegations
On April 20, 2022, Amansec filed a criminal complaint against Noveras, Tecuico, and others for violating the Omnibus Election Code and the Revised Penal Code due to the illegal use of government resources for campaign purposes. On April 26, 2022, Amansec filed a petition with the COMELEC to disqualify Noveras, alleging violations of Section 261(o) of the Omnibus Election Code concerning the use of government facilities for political campaigning. Noveras contested these allegations, arguing that Amansec's petition should be dismissed for lack of merit and citing specific defenses related to disqualification standards.
COMELEC's Rulings
The COMELEC First Division granted Amansec's petition and found Noveras in violation of Section 261(d)(1) of the Omnibus Election Code, which pertains to coercion of subordinates, and also emphasized that Noveras created conditions under which Tecuico operated with moral influence in committing the alleged violations. The COMELEC stressed that Noveras's failure to conclusively disprove the evidence presented against him compelled this ruling, leading to Noveras’s disqualification from the vice-gubernatorial candidacy.
Supreme Court Evaluation
The Supreme Court upheld the findings of the COMELEC, affirming the disqualification based on Sections 261(d)(1) and (e) of the Omnibus Election Code. It stated that even though Section 261(o) requires a final conviction for disqualification purposes, Noveras could still be disqualified under the other sections outlined, since they constitute separate grounds for disqualification offenses. The ruling clarified the legal implications of the power dynamics betwe
...continue readingCase Syllabus (G.R. No. 268891)
Procedural Posture
- Petitioner Gerardo "Jerry" A. Noveras filed a certificate of candidacy (COC) for Vice-Governor of Aurora in the 2022 elections while being the incumbent governor.
- Respondent Narciso Dela Cruz Amansec discovered campaign materials being printed on government premises by a casual employee and subsequently filed a disqualification petition against Noveras for violation of Section 261(o) of the Omnibus Election Code.
- The Commission on Elections (COMELEC) First Division and later the COMELEC En Banc disqualified Noveras based on Sections 261(d)(1) and 261(e), not on the originally charged Section 261(o).
- Noveras filed a petition for certiorari questioning the COMELEC rulings.
Facts of the Case
- Amansec found tarpaulins with Noveras's campaign images being printed at the Aurora Training Center, a provincial government facility.
- Michael Tecuico, a casual employee of Aurora LGU, operated the printing machines.
- Tecuico was apprehensive and forcibly removed Amansec when confronted.
- A search warrant was obtained and executed; printing machines, computer equipment, and campaign materials were seized.
- Criminal charges for violation of Section 261(o) were filed but later dismissed as against Noveras by the DOJ.
- Noveras led the May 9, 2022 election for vice-governor.
Legal Issues Presented
- Whether the use of government resources to print campaign materials by a casual LGU employee implicates Noveras for disqualification.
- The effect of Republic Act No. 7890, which expressly repealed Section 261(d) of the Omnibus Election Code, on Noveras's disqualification.
- The applicability of Sections 261(d)(1) and 261(e) of the Omnibus Election Code as grounds for disqualification.
- Whether Noveras's right to due process was violated when disqualified on grounds not alleged in the original petition.
COMELEC's Rulings and Reasoning
- The COMELEC First Division resolved the case on the merits despite Amansec's non-appearance in the preliminary conference, emphasizing public interest and procedural liberalism.
- Noveras was disqualified under Section 261(d)(1) for allegedly influencing Tecuico, his subordinate, to print campaign materials using government resources.
- The COMELEC interpreted Republic Act No. 7890 not as a blanket repeal but as a removal only of provisions concerning religious bloc voting, maintaining Section 261(d) as applicable to public officers.
- Commissioner Maceda added that Noveras may also be disqualified under Section 261(e) for employing a fraudulent scheme and coercion to induce campaign