Comelec drops Garcia appeal

The Commission on Elections is holding former Cebu City Mayor Alvin B. Garcia criminally liable for violating election laws in the 2004 national and local elections.

The Comelec en banc, in a decision promulgated last October 5 has denied the second motion for reconsideration filed by Garcia for lack of merit and sustained an earlier decision promulgated last April 28.

Lawyer Jess Garcia, the eldest son of the former mayor, told THE FREEMAN last night that they will only decide on what legal actions to take once they receive the official copy of the decision.

But he said that they might file a petition for review before the Court of Appeals or face the charges in court.

"The decision of the Comelec is not based on the findings on the merits of the case, it is just a sort of preliminary investigation. I still have to read the decision before we will take a concrete legal action on this," the younger Garcia said.

The former mayor is currently in the United States and could not be reached for comment.

Cebu City Mayor Tomas R. Osmeña, who defeated Garcia in that election and the private complainant in the case, raised this matter to the Comelec last year. Osmeña feels that he was again vindicated with this decision.

"What Garcia has done is a complete disregard of the law. I will personally follow up Comelec for them to file the criminal charge against him. I want to see that justice is done even if it will take more years, I don't care," Osmeña said during his regular press conference at the City Hall yesterday.

In a seven-page decision, the Comelec ruled that any candidate is criminally liable along with the publishing firm for any political advertisement and election propaganda that exceeds the size, duration or frequency authorized by the law or the rules laid down under section 11 of Comelec Resolution no. 6520.

The Comelec stated that the contention of Garcia that he has no knowledge and control over the said advertisement deserves scant consideration.

The Commission said, Garcia is very much in control of the said advertisement for the simple reason that Sun Star Cebu, wherein the advertisements in questions were published, is owned by his family and the same was paid for by his friends as indicated in the records.

"He (Garcia) is in the position to stop its publication as it is his candidacy, which is at stake. However, he opted not to do so to the point that said advertisement, "It's a No Contest," was published in excess of the duration and frequency prescribed by law.

Garcia earlier asked that the April 28, 2005 resolution of the Comelec en banc be reversed. It was ruled that there was probable cause for the complaint. The Law Department was directed to file appropriate information against the former mayor for violation of section 6 of Republic Act 9006 and section 13 of Comelec Resolution No. 6520 in relation to section 264 of the Omnibus Election Code as amended.

Garcia, in his motion for reconsideration, argued that he cannot be held liable for such violation as the said advertisement is attributable not only to him but also for the complete line up of the candidates of the political party, Kusug-KNP of which he was the standard bearer.

Garcia further said that there is lack of probable cause to hold him liable for an election offense in violation of said laws as he is neither the author of the said advertisements nor the one who caused the publication.

The Comelec in its recent decision however refused to be swayed by the arguments of Garcia and disagreed with his contention.

The Comelec further ruled that after a closer scrutiny of the questioned advertisement, it revealed that it did not contain any feature which may classify it as an advertisement of a political party, but was just intended to promote Garcia's candidacy.

Comelec chairman Benjamin Abalos, Sr. together with Commissioners Rufino Javier, Mehol Sadain, Resurreccion Borra and Florentino Tuason, Jr. promulgated the resolution.