Comelec trashes DQ bid vs. BOPK

The Commission on Elections has dismissed the disqualification case against Mayor Tomas Osmeña, Vice Mayor Michael Rama and all the elected officials of the city’s south district.

Defeated councilorial candidate Jose Navarro filed the case against the mayor and his winning bets under Bando Osmeña-Pundok Kauswagan.

The Comelec 1st Division, consisting of Commissioners Resurreccion Borra and Romeo Brawner, ruled that Navarro’s filing of the case was already moot because the respondents were already proclaimed the winners in the election.

“Evidently, the objective and purpose for which it had been filed has now become functus oficio thereby rendering this case moot,” Borra and Brawner said in their two-page Comeler order dated August 1, 2007.

Navarro is a barangay captain of Punta Princesa who ran but lost as city councilor in the May 14 elections. He and the entire opposition slate of Tribu Guardo lost to their rivals of the BO-PK via a large margin of votes.

Aside from Osmeña, Rama and South District Rep. Antonio Cuenco, the BOPK candidates that were sought for disqualification were Rodrigo Abellanosa, Raul Alcoseba, Gerardo Carillo, Arsenio Pacaña, Joey Daluz, Edu Rama, Ritchie Osmeña, and Roberto Cabarrubias.

Navarro’s contention in seeking for the disqualification of these winning BO-PK candidates was their alleged violations of the election law, he claimed that rival candidates, particularly Abellanosa and his campaign staffs and supporters, allegedly distributed pocket-size calendars, with Abellanosa’s name and pictures on it, outside of polling places on Election Day.

The names of BO-PK candidates —including that of Cuenco— were listed also in the card, which had a Certificate of Educational Fund Assistance that entitled the bearer and dependents P2,000 worth of assistance.

Osmeña said BO-PK did not authorize Abellanosa to distribute those campaign materials.

The Comelec ruling however was marred with conflicting opinions between the two commissioners.  Borra wrote the ruling that dismissed that case but Brawner, who signed it, held a dissenting view on the matter.

The law provides that a disqualification case against a congressman, who was already proclaimed winner, should be filed at the House Electoral Tribunal within 10 days from the proclamation.

Brawner agreed that the aggrieved party could no longer move to disqualify the congressman if the case is not filed within the period.  He said however that such argument only applies to Cuenco, and not to other proclaimed winners.

Brawner cited a Supreme Court ruling in the case of Sunga vs. Comelec that says: “The fact that a candidate was already proclaimed and had assumed office did not divest the Comelec of authority and jurisdiction to continue the hearing and eventually decide the disqualification case.”

Navarro, citing the conflicting opinions of Brawner and Borra, said he would move for a reconsideration of Comelec’s decision to dismiss the disqualification petition.

Navarro’s lawyer, Bienvenido Baring, said another possible move would be to file a criminal case against these elected officials for violating the provisions of the election code.  – Rene U. Borromeo/RAE