NULLUS COMMODUM POTEST DE INJURIA PROPRIASUA: Ejercito's disqualification

In the province of Laguna, Emilio Ramon Pelayo Ejército, commonly known as ER Ejercito, was proclaimed the winner of the gubernatorial election held on May 13, 2014. However, a complaint of an election over expenses against Ejercito was filed by Edgar San Luis, the defeated Liberal Party candidate who also provided documentary evidence against Ejercito.

Under the 1987 Philippine Constitution, article IX, C, section 2 provides the following powers and functions of the commission. Among these are to (1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall and (2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.

Acting on the complaint, the Comelec First Division promulgated its decision disqualifying ER Ejercito for breaching the lawful spending limits that candidates for local positions may incur. The Comelec held that Ejercito spent up to P23,563,365.28 for his campaign despite that he is only authorized to spend P4,576,566 or P3 for every voter registered voter in his province.  Section 5 of Fair Election Act provides that “the aggregate amount that a candidate or party may spend for election campaign shall only be three pesos (P3.00) for every voter currently registered in the constituency where the candidate filed his certificate of candidacy.” Furthermore, section 68 of the Omnibus Election Code requires that “a party is declared by final decision of a competent court guilty of or found by the Commission of …spent in his election campaign an amount in excess of that allowed by this Code…shall be disqualified from continuing as a candidate or if he has been elected, from holding the office.”

The Supreme Court upheld the resolution of Comelec En Banc, which in turn upheld the Resolution of the Comelec First Division, which granted the petition for disqualification filed by private respondent Edgar San Luis.

Election laws were enacted primarily to ensure free, orderly, honest, peaceful and credible elections. The documentary evidence shows and there is no doubt the ER Ejercito violated the election laws being enforced in the country. He must accept the consequences of his acts. Such disregard to the law cannot be tolerated as it would destroy the credible system of election.  As one legal maxim puts it, “No man should be allowed to take advantage of his own wrong.”