Comelec disqualifies brgy. chairman candidate in Aroroy, Masbate

The Commission on Elections (Comelec) Second Division has disqualified a village chief candidate in Barangay Cabas-an, Aroroy, Masbate due to a previous conviction.

Comelec Rex Laudiangco cited a portion of Comelec Second Division resolution dated October 9 which said that Aniano Pancho Capinig’s "final judgment of conviction, for which he was sentenced to an offense with a penalty of more than eighteen months, disqualifies him from being a candidate in the 2023 BSKE (Barangay and Sangguniang Kabataang Elections).”

Under Section 12 of the Omnibus Election Code (OEC), "any person who ... has been sentenced by final judgment ... for any offense for which he has been sentenced to a penalty of more than eighteen months... shall be disqualified to be a candidate and to hold any office.

According to Laudiangco, Capinig's judgment of conviction for violation of Section 31 of Republic Act No. 10591 or Illegal Possession of Firearms, which carries with it the penalty of prision correccional, including the accessory penalty of perpetual special disqualification from the right of suffrage, has become final and executory pursuant to Section 7, Rule 120 of the Revised Rules of Criminal Procedure.

Laudiangco also said that the Comelec Division has determined that Capinig was incorrect when the latter claimed that he was not physically imprisoned because he was placed under probation.

According to Laudiangco, Capinig "was allowed on temporary liberty under his bail filed in the criminal case” pending issuance by the trial court of his probation order.

“Thus, absent an Order of final discharge of the probationer from the trial court, Capinig suffers the accessory penalty of perpetual special disqualification from the right of suffrage,” Laudiangco said. —VAL, GMA Integrated News