Perez on disqualification rap: It's a political gimmick
Re-electionist Antique Gov. Salvacion Zaldivar-Perez has denied that she violated election laws in handing out checks to barangay captains in Sibalom, Antique on April 10.
"It is political gimmick and harassment. They accused eight of us and made a big fuss out of this because they want to cripple our slate," said Perez.
Political rivals of Perez have asked the Commission on Elections (Comelec) to disqualify her from running for office for allegedly violating the ban on public spending during the election period.
In an eight-page joint petition filed before the Comelec office in Antique on April 23, former assemblyman Arturo Pacificador and former Rep. Jovito Plameras Jr. sought the disqualification of Perez and seven of her partymates in the Nationalist People's Coalition (NPC).
Pacificador and Plameras are gubernatorial bets of the Kilusang Bagong Lipunan and Lakas CMD, respectively.
Aside from Perez, named respondents were Perez's running mate Mary Jean Te, and candidates for provincial board member in the South District namely Fernando Corvera, Damian Marfil, Julito Osunero, Alfonso Combong Jr. and Josephine Dagohoy. Also named respondent was Zoilo Bernado Tubianosa who is running for mayor of Sibalom town.
In their petition, Pacificador and Plameras alleged that Perez and her co-respondents gave out checks to officials of six barangays on April 10 during a program for the resumption of the construction of a bridge at Barangay Solong in Sibalom, Antique.
The checks were drawn from the account of the provincial government with Development Back of the Philippines (DBP) branch in Antique.
Pacificador and Plameras attached in their petition a photocopy of the one of the checks worth P50,000 issued to the treasurer of Barangay Bari dated March 29, 2007. DBP Check No. 00001054-705-2 was issued by Perez and provincial treasurer Sherlita Mahando.
The check was given to Bari village chief Gideon Garceniego during the program. It was intended as financial assistance for the construction of a road in the village, according to a photocopy of the disbursement voucher.
Aside from Bari, Perez allegedly also gave checks to barangay captains or treasurers of Esperanza, Catmon, Pis-anan, Catungan IV and Cabariuan, all in Sibalom.
The petition was supported by joint affidavits 15 barangay captains of Sibalom who were allegedly present during the activity including Barangay Captains Anecito del Socorro, Bimbo Bachitsa, Rey Gillesania, Alfredo Lancara, Fredy Andigan, Edmund Tomas Vegafria, Tranquilino Serarzo Jr., Nena Ninto, Erna Figura, Edward Mental, Freddie Cabigon, Jose Armamento, and Jennifer Mallorca of Barangays Villahermosa, Catungan I, Esperanza I, Mojon, Pangpang, Pasong, Sido, Bontol, Tulatula, Rombang, Lacaron, District IV and Odiong, respectively.
The petitioners said the giving of checks on April 10 violated Comelec Resolution No. 7707 (Calendar of Activities and Period of Prohibited Acts in Connection with the May 14, 2007 Synchronized National and Local Elections) which prohibits "releases, disbursements or expenditures of public funds public works, social services and development" from March 30 to May 14, 2007.
"While respondent Governor Perez distributed the checks to the various recipients, she verbally directed these people repeatedly to direct their respective barangay treasurers to issue official receipts in favor of the provincial government of Antique with clear emphasis to antedate the same for 29 March 2007 instead of April 10, 2007 which is the true and actual date of the release of the checks to the recipients so as not to circumvent Resolution No. 7707..." said the petitioners.
But Perez said checks amounting from 10,000 to P50,000 were part of the provincial government's regular assistance to barangays based on requests by the barangay councils.
She said she had instructed the recipients to indicate March 29 in their receipts because that is the date when the checks were issued.
"The checks were issued on March 29 but its actual delivery to the barangays was only delayed due to bureaucratic red tape," Perez said in a telephone interview.
But the governor said she has ordered a stop to the payments of all the checks until after the elections because she does not want the issue to be use as a "propaganda tool" of her opponents.
Her lawyer Guillermo Alcantara said no illegal disbursements were made because the checks were issued on March 29 or a day before the ban took effect.
"The physical delivery of the checks has nothing to do with the official disbursement," Alcantara said in a telephone interview.
But the petitioners alleged that the respondents also violated Section 261 of the Omnibus Election Code because they "openly and deliberately distributed the checks... with the sole aim of eliciting votes and promoting the respective candidacies of the afore-mentioned candidates using government funds."
The Comelec in Antique has set a preliminary hearing on the case on May 7.