Cagayan governor disqualified over spending ban

MANILA, Philippines — Cagayan Gov. Manuel Mamba has been disqualified for violating the public spending ban in the May elections.

In an 18-page resolution promulgated on Dec. 14 and released yesterday, the Commission on Elections (Comelec) Second Division said Mamba violated the 45-day ban on the disbursement of public funds during the campaign period.

Mamba’s opponent Zarah Rose Lara filed a petition for disqualification against Mamba, saying he committed vote-buying in the guise of distribution of cash assistance.

Lara said Mamba used the funds of the provincial government to implement his programs No Barangay Left Behind, No Town Left Behind and Oplan Tulong sa Barangay despite a restraining order issued by the Tuguegarao City Regional Trial Court Branch 5.

The Comelec said Lara failed to prove that Mamba engaged in vote-buying, but there was “strong evidence” that he violated the 45-day ban on releasing public funds ahead of election day.

The Comelec said it only granted exemption to Mamba’s program No Barangay Left Behind while the implementation of the other programs were “covered by the prohibited periods.”

“A reasonable and prudent public official in this situation would not risk releasing monies from the coffers of the government without the authority of the Comelec, considering the clear prohibition under the law that is the Omnibus Election Code, and issuance of the implementing office,” the Comelec resolution read.

The Comelec said the programs were implemented on March 30 and 31, April 3 to 13 and April 17 to 24 that are within the 45-day period for the public spending ban before the May 9 elections.

It said Mamba did not deny the disbursements of funds for the projects as published by the public information office of the provincial government.

Commissioners Marlon Casquejo, Rey Bulay and Nelson Celis signed the resolution.

Mamba won the elections with 302,025 votes while Lara got 278,562 votes.

Comelec spokesman Rex Laudiangco told reporters in a Viber message that Mamba can appeal the decision before the commission en banc.

Mamba said the decision is an ”injustice” not only for him but also his constituents in Cagayan.

He said he complied with all the requirements of the poll body before the start of the election period to avoid violations.

Mamba said his legal team would appeal the ruling of the Comelec second division.

The Comelec en banc had earlier affirmed the ruling of the poll body’s first division that disqualified Noel Rosal as Albay governor, also for violating the 45-day spending ban in the elections.

Rosal’s disqualification stemmed from the distribution of financial assistance to drivers and senior citizens on March 31 and April 2, respectively.