Emilio Ramon “ER” Ejercito started as a Filipino actor and entered into politics in 2001 as the Mayor of Pagsanjan until 2010 (following the Constitution-imposed three-term limit). In 2010, he then ran as Governor of Laguna and won by landslide garnering 334,530 votes (or a 74,090 lead against the next opposition). In 2013, he again ran for governor and garnered 461,462 votes (again, by landslide).
Subsequently, his lone rival in the 2013 elections, Edgar “Egay” San Luis, filed a complaint with the Commission on Elections (COMELEC) invoking Section 68 of the Omnibus Election Code (which disqualifies those who have spent more than the amount prescribed).
The COMELEC First Division, on September 26, 2013,found him guilty of spending P23.7 million for publicity materials, when the limit was only P4.5 million (or P3 per person; with 1.5 million registered voters in Laguna); thus, disqualifying him and ordering him to “cease and desist from performing the functions of the Provincial Governor of Laguna”. This was concurred to by unanimous decisions of COMELEC en banc and the Supreme Court, on May 21, 2014 and November 25, 2014, respectively.
Interestingly, despite all the unanimous decisions, he continued to attend press conferences and gatherings; all of which were aimed to explain his side and to get sympathy from the masses. During those events, he kept repeating his arguments that 1) he has been elected by the majority, thus he has the right to office; and, 2) he was a victim of politics and “selective justice” wherein he was “singled out” to be disqualified even when other candidates have also overspent. These arguments cannot seem to hold water.
Ejercito claims that all possible doubt should be resolved in favor of the candidate’s eligibility who has been seated by popular mandate, because to do otherwise would defeat the will of the people and the essence of democracy. However, COMELEC said that the case would not apply because of the differences in issues, and cited a different case which states that the electoral voice cannot trump constitutional and statutory provisions on qualifications and disqualifications, because to do so would permit electoral anarchy.
The Omnibus Election Code, which indeed holds the statutory provisions on the conduct of orderly elections, must be given high regard. Without it, and without the provision on overspending, victory is most likely to be with those who can afford more publicity; thus, giving undue advantage to only a few. It is true that Ejercito was the (first and) only one, among the many overspending candidates, to be disqualified. It may also seem unfair that, despite its rampant practice, COMELEC only acted upon his case even if they can, motu proprio, investigate on others.
But let this case serve as a reminder that our officials should stop using the excuse of being victims of politics when they have deceived or oppressed the constituents they seek to serve. Politicking may less likely happen anyway if there would be no ground to sue in the first place, considering that we demand more integrity from our government leaders more than any one else.
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