Comelec disqualifies Cagayan gov Mamba for violating spending ban
>> Tuesday, December 20, 2022
The Commission on
Elections’ Second Division has disqualified Manuel Mamba as a candidate for the
position of Governor for Cagayan Province for violating the 45-day public
spending ban during campaign period.Ma. Zarah
Rose de Guzman Lara, a candidate gunning for the same seat, filed the
petition on May 10, 2022.
Lara asked the poll body to disqualify Mamba's candidacy over “massive vote buying activities” using funds from the provincial government. She also prayed for the Board of Canvassers to suspend Mamba’s proclamation should he gets the highest number of votes.
The poll body said Lara failed to prove Mamba engaged in vote buying activities but ruled his use of funds supposed to be allocated to provincial programs without “express exemption” led to his disqualification order.
“Under Section 2 of Comelec Resolution No. 10747, public officials or employees of barangays are banned from disbursing assets owned or controlled by the government or its subsidiaries and from spending public funds from March 25 to May 8,” the commission said in a statement Thursday.
Mamba can still appeal the decision all the way to the Supreme Court.
In her petition, Lara alleged Mamba gave away P550 million using funds from Cagayan’s “Krusada Kontra Korapsyon” program, after registered voters received P1,000 each under supposedly the guise of cash assistance.
Mamba was also accused of using funds from the province’s “No Barangay Left Behind” (NBLB), “No Town Left Behind” (NTLB), and “Oplan Tulong sa Barangay" even if the Regional Trial Court Branch in Tuguegarao City issued a temporary restraining order against using funds allocated for NBLB/NTLB and Oplan Tulong.
Lara asked the poll body to disqualify Mamba's candidacy over “massive vote buying activities” using funds from the provincial government. She also prayed for the Board of Canvassers to suspend Mamba’s proclamation should he gets the highest number of votes.
The poll body said Lara failed to prove Mamba engaged in vote buying activities but ruled his use of funds supposed to be allocated to provincial programs without “express exemption” led to his disqualification order.
“Under Section 2 of Comelec Resolution No. 10747, public officials or employees of barangays are banned from disbursing assets owned or controlled by the government or its subsidiaries and from spending public funds from March 25 to May 8,” the commission said in a statement Thursday.
Mamba can still appeal the decision all the way to the Supreme Court.
In her petition, Lara alleged Mamba gave away P550 million using funds from Cagayan’s “Krusada Kontra Korapsyon” program, after registered voters received P1,000 each under supposedly the guise of cash assistance.
Mamba was also accused of using funds from the province’s “No Barangay Left Behind” (NBLB), “No Town Left Behind” (NTLB), and “Oplan Tulong sa Barangay" even if the Regional Trial Court Branch in Tuguegarao City issued a temporary restraining order against using funds allocated for NBLB/NTLB and Oplan Tulong.
Lara
submitted pieces of evidence to the Comelec using screenshots and news clips
from the Cagayan Provincial Information Office.
“Unfortunately,
all these pieces of evidence taken together, do not satisfy the requirement that
there is substantial evidence that [Mamba] must be disqualified on the ground
of Sec. 68 (a) of the Omnibus Election Code,” the commission said.
Section 68
provides that candidates may be disqualified for “[giving] money or other
material consideration to influence, induce or corrupt the voters or public
officials performing electoral functions.”
However, the
poll body noted that Lara’s submissions showed that Mamba was implementing the
programs as Cagayan Governor, sans “express exemption.” — Kaycee Valmonte
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