Comelec division disqualifies Mamba from Cagayan's 2022 gubernatorial race

The Commission on Elections (Comelec) second division has disqualified Manuel Mamba from the 2022 gubernatorial race, which he had won, for violating the election spending ban.

"WHEREFORE, premises considered, the Petition is GRANTED. Respondent MANUEL N. MAMBA is DISQUALIFIED as a candidate for the position of Governor of the Province of Cagayan in the 09 May 2022 National and Local Elections," the dispositive portion of the Comelec second division resolution read.

The resolution, which was signed by Presiding Commissioner Marlon Casquejo and Commissioners Rey Bulay and Nelson Celis, was promulgated on December 14, 2022.

The petition was filed by Zarah Rose Lara who ran against Mamba in the 2022 gubernatorial race.

Lara alleged that Mamba, an incumbent governor of the Cagayan province during the 2022 polls, engaged in massive vote buying activities during the campaign period in the guise of cash assistance distribution using the funds of the provincial government under the programs dubbed as "No Barangay Left Behind" (NBLB), "No Town Left Behind" (NTLB) and "Oplan Tulong sa Barangay" despite the issuance of a temporary restraining order dated 29 April 2022 by the Regional Trial Court Branch 5, Tuguegarao City, Cagayan.

Further, the petitioner alleged that Mamba disbursed an amount of P550 million from the provincial government and distributed the same to all registered voters under the program "Krusada Kontra Korapsyon (KKK)."

Under the said KKK program, Lara said each registered voter was given the amount of P1,000 "presenting it to be an economic stimulus and at the same time as cash assistance."

Lara argued that these are all "blatant" violations of Section 68, paragraph 1 of the Omnibus Election Code which states that: "Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty, or found by the Commission of having given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions...shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office."

"Ipinasiya ng COMELEC Second Division na bagamat nabigo ang ipinakitang ebidensya na si Mamba ay nagkasala at dapat madiskwalipika dahil sa vote-buying, ang ebidensiya ay matibay upang patunayan na siya ay lumabag sa Section 261(v)(2) ng [Omnibus Election Code] at Section 2 ng Comelec Resolution No. 10747," the Comelec said in a statement.

Under Section 2 of Comelec Resolution 10747, no public official or employees, including barangay officials and those-government-owned or controlled corporations and their subsidiaries shall release, disburse or expend any public funds from March 25,2022 until May 08,2022.

Although there is a Certificate Exemption provided under Section 13 of the Comelec Resolution 10747, the Comelec said that the exemption only covers the NTLB program subject to the condition that the amount paid within the 45-day ban will be submitted.

"Walang ibinigay na express exemption para sa Oplan Tulong sa Barangay at KKK Programs," the Comelec statement read.

In a Viber message to reporters, Comelec spokesperson Rex Laudiangco said Mamba can file before the Comelec En Banc a motion for reconsideration within five calendar days  to appeal his disqualification.—AOL, GMA Integrated News