Fruit of a poisonous tree: E.R. Ejercito disqualification case

 On May 1, 2014 by a resolution of the COMELEC En Banc, Governor E.R. Ejercito, nephew of former president and now Manila governor Joseph Ejercito Estrada, disqualified from his electoral position. The resolution is based on the alleged overspending of Ejercito in his 2013-midterm polls. Ejercito allegedly spent P 16 million pesos for an advertising contract while the only allowable spending for the poll is P 4.5 million.

In post electoral disputes, the COMELEC has the jurisdiction of the proceedings. Defeated Rep. San Luis challenges the governor’s win. On the other hand, Ejercito assails that the resolution of the COMELEC should be declared as null and void because according to him, the initiation of the complaint is only for a criminal proceeding for violating election laws. The Court ruled on the contrary upholding the ruling of the COMELEC.

The Court ruled that Ejercito violated Section 68 of the Omnibus Election code. The particular provision in the section provides that a candidate shall be subjected for disqualification if in case he spent in his election campaign an amount in excess of that allowed by the code.

It cannot be accepted that even though election is valid that the electorate prior to his win did then and there willfully and unlawfully spent in excess of his allowable expenditure for campaigning. How can we trust a public official who at first is in conflict with the law? The office of governor ER Ejercito is a fruit of a poisonous tree that the judiciary ought to prevent and invalidate.