Comelec junks disqualification raps vs. Perez, 7 others
The Commission on Elections (Comelec) has junked the disqualification case against re-elected Antique Gov. Salvacion Zaldivar-Perez.
In a nine-page resolution promulgated on July 25, the Comelec's First Division dismissed the joint complaint filed by former assemblyman Arturo Pacificador and former Rep. Jovito Plameras Jr. for lack of merit.
Pacificador and Plameras, who both ran for governor in the May 14 elections, had sought the disqualification of Perez and seven of her partymates in the Nationalist People's Coalition (NPC).
Aside from Perez, the respondents included were Perez's running mate Mary Jean Te, and candidates for provincial board member in the South District Fernando Corvera, Damian Marfil, Julito Osunero, Alfonso Combong Jr. and Josephine Dagohoy. Also named respondent was Zoilo Bernado Tubianosa who ran for mayor of Sibalom town.
Pacificador and Plameras alleged that the respondents violated the ban on public spending during the election period when they 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 town in Antique. The checks were drawn from the account of the provincial government with Development Back of the Philippines (DBP) branch in Antique.
The petitioners had claimed that 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.
But in its resolution, the Comelec's First Division pointed out that the checks were issued on March 29 or a day before the 45-day prohibition period on public spending started.
"The mere issuance of checks or treasury warrants during the prohibited period is not sufficient to constitute a violation of the abovementioned provision. Said check must be issued ‘undertaking future delivery of money, goods or other things of value chargeable against public funds.'
The poll body said the petitioners failed to establish this alleged violation.
It also pointed out that the checks represented the Internal Revenue Allotment for the barangays.
"It was their property. The evil sought to be avoided by the law is not present. A person cannot be influenced or corrupted by his own money," according to the resolution issued by issued by Commissioners Resurreccion Borra and Romeo Brawner.
In dismissing the petition, the poll body ruled that all the respondents were qualified to run for election.
Pacificador said he will appeal the ruling before the Comelec en banc.
"I will go up to the Supreme Court if necessary," he said in a telephone interview.