The Commission on Elections en banc, in a unanimous decision ordered the disqualification of incumbent Laguna Governor Emilio Ramon “ER” Ejercito for overspending during the May 2013 elections. Brillantes said Ejercito shelled out P6 million in just one contract for a television advertisement for his campaign last year. Ejercito is allowed to spend only P4.5 million for his entire campaign.
“He exceeded his campaign expenses above and beyond what is allowed by law. Other documentary evidence would show that he spent much the Comelec chief said. Also, he said candidates are only allowed to spend P3 per registered voter. Laguna has a total of 1,525,522 voters. [1]
The decision is not yet final and executory during that time. Comelec’s rules and due process of law allow Ejercito an opportunity to file his motion for reconsideration within five days from his receipt of the resolution’s copy. If he opts to file a motion for reconsideration within the five-day period, the case will then be elevated to Comelec En Banc for resolution.Based on the documents and copies of which were obtained by Philippine Center for Investigation Journalism, Ejercito appears to have overshot the campaign expenditure cap by at least P19 million. This is primarily because of his campaign-ad expenses that reached a total of more than P23 million. [2]
According to Article 12, Section 264 of the Omnibus Election Code of the Philippines, campaign overspending is punishable by “imprisonment of not less than one year but not more than six years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage.” [3]
In addition, under-declaration or non-declaration of campaign expenses and donations in a candidate’s Statement of Campaign Expenses may have him or her liable for perjury. Under the law, those found guilty of perjury may be imprisoned for at least four months, with the maximum punishment being put behind bars for one year, one month, and 10 days.
Comelec found that Ejercito is guilty in violating the finance law that sets P 4.5 million ceiling on his campaign expenses. The Supreme Court on Tuesday(November 25, 2014) upheld the Commission on Elections (Comelec) decision unseating Laguna governor Emilio Ramon "ER" Ejercito. [4]
It is just right and proper what the Comelec when the issue was raised to them. They have advised, informed and advised the candidates in the May 2013 election polls that it will be stricter on elections rule compliance. The available records provided to them were sufficient enough to come up with this kind of decision. Good thing is that the Supreme Court upheld their decision with a vote of 12-0 to junk Ejercito’s questioning the decision of the Comelec en banc to disqualify him for overspending in the 2013 elections. Our politicians should set an example to its people, as an abiding citizen of the country. A good leader must be a good follower as well. So, I hope this will serve as a lesson to everyone, especially to those who are in the positions that keep on taking granted what is being imposed by our lawmakers. It is just a matter of respect and being obedient to the people and to our country.
[3] Article 12, Section 264 of the Omnibus Election Code of the Philippines
[4] http://newsinfo.inquirer.net/652862/what-went-before-er-ejercitos-disqualification-as-laguna-gov
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