Comelec reverses ruling on Mamba’s DQ

MANILA, Philippines — The Commission on Elections (Comelec) en banc on Monday reversed an earlier decision of the Second Division disqualifying Cagayan Gov. Manuel Mamba in the May 2022 general elections.

In a 19-page decision, the Comelec said it has no authority or jurisdiction to hear and resolve the disqualification case as it was filed after Mamba’s proclamation.

Comelec Chairman George Erwin Garcia signed the resolution along with Commissioners Rey Bulay, Marlon Casquejo, Nelson Celis, Aimee Ferolino, Socorro Inting and Ernesto Ferdinand Maceda Jr.

Bulay noted that he took no part in the resolution.

On Dec. 14, the Second Division granted a petition filed by Zarah Rose de Guzman Lara, who said Mamba allegedly violated the public spending ban.

The Second Division said the pieces of evidence presented against Mamba proved that he violated the ban when he allegedly used the funds of the provincial government to undertake several programs despite being restrained by a local court.

Mamba filed a motion on Dec. 20, saying the pieces of evidence presented by Lara were “insufficient to justify the Second Division’s resolution.”

In reversing the ruling, the en banc cited Section 3 of the Comelec’s Rules of Procedures, which provides that petitions can be filed after the filing of certificates of candidacy, but not later than the date of the proclamation of a candidate.

The Comelec said the dismissal of the disqualification case does not mean that Mamba is already free from any accountability as the poll body moved to refer the criminal aspect of the case to its law department for preliminary investigation.

The Comelec cited a Supreme Court ruling, which emphasizes the separate and independent nature of the criminal and electoral aspects of a disqualification case.