Comelec disqualifies Cagayan's Mamba anew

The Commission on Elections (Comelec) has again ordered the disqualification of Cagayan Governor Manuel Mamba from the May 2022 elections that he won.

In a decision issued Wednesday evening, the Comelec First Division said the disqualification stemmed from a petition filed by Victorio Casauay against Mamba, Mabel Mamba, and Francisco Mamba, who were candidates for governor, vice-governor, and 3rd district representative of Cagayan province, respectively, in the 2022 National and Local Elections (NLE).

Casauay alleged the then-candidates violated Comelec Resolution No. 10747 when they provided financial aid, scholarship grants, and various transport vehicles to the constituents of Cagayan province using public funds during the 45-day spending ban. 

The First Division dismissed the petition against Mabel Mamba and Francisco Mamba for being moot as they failed to win their election bids.

However, it granted the disqualification case against Mamba after he was found in violation of Sections 2 and 13 of Resolution No. 10747, which prohibits the release, disbursement, or expenditure of public funds for any and all kinds of public works from March 25 to May 2, 2022. 

Mamba argued the spending ban was not intended to prevent the delivery of ongoing social services programs but the poll body ruled otherwise, saying the social welfare projects are not included in the ban exemption.

It also said Mamba did not secure a certificate of exemption. 

“While Manuel Mamba indeed has a duty to serve his constituents, it does not mean that he can do so as he sees fit. Regardless of the position held, a public official does not have an unbounded freedom to exercise their powers, more so if there are restrictions set by law,” it said.

Comelec Commissioners Socorro Inting, Aimee Ferolino, and Ernesto Maceda penned the ruling. 

Following his disqualification, Mamba’s seat was declared vacant. He will be replaced by the incumbent vice governor on the rule of succession. 

2022 disqualification

In December 2022, the Comelec Second Division disqualified Mamba after it found substantial evidence that he violated Section 261(v) of the Omnibus Election Code, which prohibits the unauthorized release, disbursement, or expenditure of public funds during the campaign period.

However, the Comelec En Banc reversed this in March 2023, ruling that the petition of Ma. Zarah De Guzman-Lara was filed out of time.

This prompted De Guzman-Lara to file her Supreme Court petition.

On Monday, the Supreme Court ruled that the Comelec committed grave abuse of discretion when it dismissed the disqualification petition by De Guzman-Lara.

Reconsideration

In a social media post, the provincial information office said Mamba has filed a motion for reconsideration before the Comelec to appeal his disqualification.

The governor has five days to appeal his case.

"Kaugnay rito, mananatili at ipagpapatuloy pa rin ni Gov. Manuel Mamba ang kaniyang tungkulin bilang gobernador ng lalawigan hanggat wala pang pinal na desisyon," the post said.

It added that Mamba appealed to his constituents to keep calm as he faces the cases against him. —LDF, GMA Integrated News