Comelec files DQ cases vs. 35 BSKE bets over premature campaigning

The Commission on Elections (Comelec) on Friday filed disqualification cases against 35 candidates in the Barangay and Sangguniang Kabataan Elections (BSKE) over alleged premature campaigning.

Comelec Director Nick Mendros, head of the poll body's "Task Force Anti-Epal," led the filing before the Clerk of the Commission.

The BSKE will be held on October 30, with the campaign period set from October 19 to 28.

"Ngayon (now), we have filed 35 petitions for disqualification. That would be 35 candidates," Mendros said in an interview with reporters after the filing.

He said the cases were filed against candidates from the National Capital Region, Region III (Central Luzon) and Region IV-A (Calabarzon).

Section 80 of the Omnibus Election Code states that it shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period.

The acts that prompted the Comelec to file the petitions included social media posts and the hanging of posters and materials that show political affiliations and the positions that the candidates are running for, Mendros said.

Mendros said they have until October 30 to file disqualification petitions.

Under Section 3 of Rule 25 of Comelec rules, the petition for disqualification of candidates shall be filed on any day after the last day of filing of certificates of candidacy but not later than the date of proclamation.

"Marami-rami pa po kaming i-evaluate ng complaints at mga answer. And we hope to file more cases, some petitions this week," Mendros said.

(We still have a lot of complaints and answers to evaluate, and we have to file more cases, some petitions this week.)

“We are sure that they have violated Section 80. Of course we submit to the sound discretion, decision of the division,” he added.

According to Mendros, some of the BSKE candidates who were given show-cause orders tried to justify their acts.

Five days to answer

Lawyer Genesis Gatdula, Clerk of the Commission, explained that respondents to the petition will have five days to answer the summons which will be sent to their e-mails.

"With or without the answer after the five-day period upon receipt, the same shall be immediately submitted for resolution," he said.

Gatdula echoed Comelec Chairman George Garcia’s order that all the petitions for disqualification will be expedited.

"The commission has a standing move to expedite all petitions for disqualification filed before the commission, specifically these motu proprio cases which will be resolved immediately by the commission," he said.

Comelec is serious

Comelec spokesperson Rex Laudiangco said the filing of cases shows the poll body's commitment in implementing laws.

"Hindi nagbibiro ang Comelec sa pagpapatupad ng election laws. Kung makikita niyo po hindi naging lip service ang paalala namin na talaga pong kakasuhan naming sila," he said.

"This is just the start. Makakaasa po kayo na next week, kami po nila Director Mendros, marami pa po kaming masasampahan ng kaso," he added.

(This only shows that the Comelec is serious in implementing election laws. This is not just a lip service and we like to warn the candidates again that we will file cases against them. This is just the start. You can expect that next week, we will be filing more cases.)

Apart from disqualification cases, Laudiangco said if the Comelec found that the candidates indeed violated laws against premature campaigning, they might also face criminal charges which may lead to imprisonment, forfeiture of their right to vote, and perpetual disqualification from holding public office.

"We will be determining if there’s probable cause," he said.

“If meron, we will be filing the cases sa regional trial court. Ito po ay criminal may pagkakakulong na one to six years, forfeiture of the right to suffrage and perpetual disqualification to hold office,” he added.

(If there is, we will be filing the case before the regional trial courts. This criminal offense entails imprisonment of one to six years, forfeiture of right to suffrage ang perpetual disqualification to hold office.)

On Thursday, Garcia said the poll body can resolve the disqualification petitions before the October 30 BSKE.

As of September 27, the Comelec has already issued 2,857 show cause orders. Of this total, 404 have responded.

The Comelec said there are 194 possible disqualification cases upon initial assessment. —KBK, GMA Integrated News