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Comelec, Barmm sign MOA for teachers participating in BSKE
The Commission on Elections (Comelec) and Barmm’s Ministry of Basic, Higher, Technical, and Education (MBHTE) inked a Memorandum of Agreement (MOA) to protect the rights of the teachers as the frontliners during elections. The MOA is in line with the Barangay and Sangguniang Kabataan Elections (BSKE) 2023 and pursuant to Bangsamoro Autonomous Act No. 35, known as the Bangsamoro Electoral Code, in consonance with meaningful autonomy under (R.A.) No. 10756, otherwise known as the Election Service'', on October 19, at Dusit Thani Hotel in Davao City. The agreement also aims to emphasize the honoraria, travel allowance, and other benefits of the teachers in Barmm for their role in maintaining the confidentiality of voter’s ballot......»»
Suspected pushers yield P102K shabu, firearms
Quezon City Police have arrested two drug pushers who yielded P102,000 worth of shabu and firearms in a buy-bust operations early morning yesterday. Quezon City Police District Director P/Brig. Gen. Redrico Maranan said the suspects were collared by operatives of Novaliches Police Station 4 led by P/Lt. Col. Jerry Castillo, who identified the suspects as Reymarc Calceta, 27 years old and Maria Nicole Repollo, 24 years old, both residents of San Jose del Monte, Bulacan. According to Castillo, PS 4 operatives, in coordination with PDEA-QC, conducted a buy-bust operation at 5 a.m. and arrested the duo in front of Novavets Animal Clinic and Grooming Center along Susano Road, Barangay San Agustin, Novaliches, Quezon City. The police officer said the arrest came after a concerned citizen reported the illegal drug activities of the suspects. A police officer acted as a poseur buyer and bought P7,500 worth of shabu from the suspects, and at the given pre-arranged signal, they were arrested. Seized from the suspects’ possessions were 15 grams of shabu worth P102,000; a black pouch; one identification card; a unit of motorcycle; a cellular phone; and the buy-bust money. Likewise, one caliber.38 revolver and four pieces of .38 full metal ammunition were confiscated from suspect Calceta. The suspects will be charged with violation of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. Additional charge for violation of RA 10591 or the Comprehensive Firearms and Ammunition Regulation Act, and violation of Omnibus Election Code in relation to Comelec gun ban will be filed against suspect Calceta before the Quezon City Prosecutor’s Office. Maranan commended the operatives for their prompt action which resulted in the arrest of the suspects and the confiscation of the pieces of evidence. The post Suspected pushers yield P102K shabu, firearms appeared first on Daily Tribune......»»
2 arrested drug pushers yield P102K worth of shabu, firearms
Quezon City police have arrested two drug pushers who yielded P102,000 worth of shabu and firearms in a buy-bust operation early morning yesterday. Quezon City Police District director, P/Brig.Gen. Redrico Maranan, said the suspects were collared by operatives of Novaliches Police Station (PS 4), led by P/Lt. Col. Jerry Castillo, who identified the suspects as Reymarc Calceta, 27 years old, and Maria Nicole Repollo, 24 years old, both residents of San Jose Del Monte, Bulacan. According to Castillo, the PS 4 operatives, in coordination with PDEA-QC, conducted a buy-bust operation at 5:00 a.m. and arrested the duo in front of Novavets Animal Clinic and Grooming Center along Susano Road in Brgy. San Agustin, Novaliches. The police officer said the arrest came after a concerned citizen reported the illegal drug activities of the suspects. A police officer acted as a poseur buyer and bought P7,500 worth of shabu from the suspects, and at the given pre-arranged signal, they were arrested. Seized from the suspects’ possessions were 15 grams of shabu worth P102,000; a black pouch; an identification card; a motorcycle; a cellular phone; and the buy-bust money. Likewise, one caliber .38 revolver and four pieces of .38 full metal ammunition were confiscated from suspect Calceta. The suspects will be charged with violation of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002. Additional charges for violation of RA 10591, or the Comprehensive Firearms and Ammunition Regulation Act, and violation of the Omnibus Election Code in relation to the COMELEC Gun Ban will be filed against suspect Calceta before the Quezon City Prosecutor’s Office. Maranan commended the operatives for their prompt action which resulted in the arrest of the suspects and the confiscation of the pieces of evidence. "I commend the PS-4 personnel, headed by P/Lt. Col.Jerry Castillo, for their dedication and commitment to rid the streets from these illegal drugs menace. Gusto ko ding pasalamatan ang mga kababayan natin sa patuloy na pagbibigay ng impormasyon at pakikipagtulungan sa kapulisan, malaking tulong po ito para sa tagumpay ng bawat operasyon at sa pagpapanatili ng kaayusan sa ating mga nasasakupan," Maranan said. The post 2 arrested drug pushers yield P102K worth of shabu, firearms appeared first on Daily Tribune......»»
QCPD arrests 17 suspects; confiscates 17 firearms
Quezon City Police District Director P/Brig.Gen. Redrico Maranan on Thursday reported the arrest of 17 suspects and the confiscation of 17 firearms by the different police stations and units from 28 August to 11 September 2023. Maranan said this is in line with the COMELEC Gun Ban and as part of the QCPD commitment to combat illegal possession of firearms. A total of 15 operations were conducted by the different Quezon City police stations and units. The La Loma Police Station (PS 1), under P/Lt.Col. Romil Avenido, arrested three suspects and confiscated three firearms. The Talipapa Police Station (PS 3), under P/ Lt. Col. Morgan Aguilar, nabbed two suspects and seized two firearms. The Novaliches Police Station (PS 4), under P/Lt.Col. Jerry Castillo, apprehended four suspects and seized four firearms. The Batasan Police Station (PS 6), under P/Lt.Col. Paterno Domondon Jr., arrested three suspects and confiscated three firearms. The Holy Spirit Police Station (PS 14), under P/Lt.Col. May Genio, nabbed four suspects and confiscated four firearms. The District Special Operation Unit (DSOU), under P/Maj. Jun Fortunato, arrested a suspect which led to the recovery of one firearm. All the suspects were charged with violation of Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act in relation to the Omnibus Election Code (COMELEC Gun Ban). Maranan commended the relentless efforts of his officers in executing the QCPD's anti-criminality operations, which led to this notable accomplishment. “QCPD would like to extend its appreciation to the community for their vigilant support and cooperation in reporting illegal firearms and suspicious activities. Together, we are working towards a safer and more secure Quezon City”. The post QCPD arrests 17 suspects; confiscates 17 firearms appeared first on Daily Tribune......»»
COMELEC: ‘Anything of value’ given to BSKE voters is ground for disqualification
The Commission on Elections on Thursday again reminded candidates for the Barangay and Sangguniang Kabataan Elections that anything of value they or their supporters give to voters is a ground for disqualification. At the regular Laging Handa press briefing of Malacañang, COMELEC spokesperson Atty. John Rex Laudiangco said BSKE candidates are limited only to giving approved campaign materials under the Omnibus Election Code. "Malinaw po kung ano lamang ang pinahihintulutang campaign or election propaganda – ito po iyong leaflets or flyers na hindi dapat lalaki sa 8 1/2 by 14 inches; ang atin pong posters or tarpaulins na hindi dapat lalaki sa 2 feet by 3 feet; at iyong banners po, iyong streamers na hindi dapat lumaki sa 3 feet by 8 feet," Laudiangco explained. "Any other kind of campaign paraphernalia like t-shirts, ball caps, baller bands at iba pa ay maaaring pumasok doon sa sinasabi ng Section 2618 ng Omnibus Election Code, iyong pamimigay ng anumang bagay na may halaga, anything of value. Iyan po kasi ay maaaring ma-consider dahil may halaga po ito, maaaring ma-consider na isang pamamaraan po ng pamimili ng boto," he added. Even if candidates claim that such items were only given by supporters, that is still in violation of Section 2618 of the Election Code, according to the Comelec officials. He said they came out with an advisory about this issue last September 4, reiterating what is only mandated and allowed by Section 2618. "Lumalabas po na lahat nang hindi nabanggit sa batas ay hindi pupuwede, at kapag ito ay may halaga, maaari po itong maging vote-buying or vote-selling na elemento. Ngayon, kahit po supporter, hindi lamang kandidato ang maaaring may liability pagdating sa premature campaigning, paglabag sa campaign materials, paglabag sa vote-buying or vote-selling law." "Paalala po sa lahat ng kandidato: Ang maaari ninyo lamang pong gastusin sa inyong pangangampanya ay hindi lalampas ng limang piso kada registered voter sa inyong barangay. So para hindi kayo mahirapan po, ang bilang ng total number of registered voters po ninyo times five pesos – barangay lamang po ha, sa inyong barangay lamang – ay iyon po ang maximum spending cap limit po ninyo," Laudiangco further warned. Penalties for these offenses range from six years' imprisonment to forfeiture of the right to suffrage and the biggest penalty of perpetual disqualification to hold public office, he said. The post COMELEC: ‘Anything of value’ given to BSKE voters is ground for disqualification appeared first on Daily Tribune......»»
2 nabbed for carnapping, gun ban violation
Two suspects, including a minor, were nabbed for alleged carnapping and for violating the Comelec gun ban in Barangay Manggahan, Pasig City Monday evening. A 33-year-old complainant, a businessman, reported to the police that his white Yamaha Mio Sporty motorcycle, which was parked outside his residence, was missing. During a follow-up operation, joint operatives of the Pasig City Police chanced upon the 15-year-old suspect while driving the motorcycle of the victim. The stolen motorcycle was being pushed by the 20-year-old suspect, identified only as alias Marcel, using his foot, who was driving a black Suzuki Smash motorcycle along Amang Rodriguez Avenue in Barangay Manggahan. Seized from the suspects were one caliber .38 revolver without serial number loaded with two live ammunition and one hand grenade. During the investigation, it was learned that the Suzuki Smash motorcycle was owned by another complainant, a 29-year-old salesman, also a resident of Barangay Manggahan. According to the victim, his motorcycle was stolen on the same date while parked outside his residence. The arrested suspects also divulged the identities of their cohorts as alias Jelal and alias Rex, both residents of Barangay Pinagbuhatan, also in this city. Alias Jelal was also arrested in a follow-up operation. Recovered from him was a blue Yamaha Mio Sporty motorcycle owned by a female vendor. She said her motorcycle was stolen on the same date while parked outside her house in Barangay Santolan, also in this city. The suspects will be charged with violation of Republic Act 10883 or the New Anti-Carnapping Act, Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act in relation to Omnibus Election Code, and Republic Act 9516 or the Illegal Possession of Explosives. The post 2 nabbed for carnapping, gun ban violation appeared first on Daily Tribune......»»
Comelec gun ban nets Pasig teener
A 19-year-old man was nabbed for violating the Comelec gun ban in Pasig City Sunday evening. The suspect was identified only as alias Jiro, a resident of Barangay Sagad, Pasig City. Initial investigation showed that while personnel of the Caniogan Police Sub-Station 2 were conducting patrol operation, they received a telephone call from the barangay security force and sought police assistance informing them about a male person walking along in a dim portion of Afable Street, Barangay Sagad, Pasig City while holding an unknown caliber of firearm. Recovered from the suspect was caliber .38 revolver. He is now detained at the Pasig City Police Station custodial facility while criminal complaints for violation of Comprehensive Law of Firearms and Ammunition in relation to Omnibus Election Code are being prepared against him. The post Comelec gun ban nets Pasig teener appeared first on Daily Tribune......»»
Comelec warns vs premature campaigning in barangay, SK polls
The Commission on Elections yesterday repeated its warning to all candidates in the Barangay and Sangguniang Kabataan Elections to refrain from premature campaigning. The warning was aired by Comelec spokesperson Atty. John Rex Laudiangco during the Laging Handa press forum yesterday. Ladiangco said once the certificate of candidacy is filed, the person is already a candidate and all the prohibitions will apply, particularly those on premature campaigning. All tarpaulins or posters of a candidate, even without the “vote” exhortation, are not allowed and will be taken down, while the candidate may face sanctions. Ladiangco said that based on the 2004 Supreme Court decision Chavez versus Comelec, posters with a picture or face of the candidate, caricature, resemblance and name but with no "vote" printed is still an indirect solicitation of votes and is considered prohibited. Laudiangco also mentioned another SC ruling in the case of a subject who conducted a motorcade when he went to the poll body’s office to file his candidacy. At that time, he was not yet a candidate. But when he filed the document, he already became a candidate and thus the motorcade was prohibited because it falls under indirect campaigning under Section 18 of the Omnibus Election Code. The post Comelec warns vs premature campaigning in barangay, SK polls appeared first on Daily Tribune......»»
House calls for special poll to fill Teves’ seat
The House of Representatives on Tuesday adopted a resolution requesting the Commission on Elections to hold a special election to fill the vacancy that expelled lawmaker Arnie Teves left in the chamber. Filed by Speaker Martin Romualdez, who has served as the temporary legislative caretaker of the Negros Oriental, and two other House leaders, the lower chamber adopted House Resolution 1212, seeking to fill Teves' seat. The proponents stressed in the resolution that the vacancy "has left the constituency of the Third Legislative District of the Province of Negros Oriental without representation in the House of Representatives of the Congress of the Philippines." Owing to his "disorderly behavior" and violation of the Code of Conduct of the House of Representatives, the House expelled Teves last Wednesday with 265-0-3 votes. According to the House leaders, the prolonged vacancy of Teves' seat invoked Section 9, Article VI of the Constitution, which provides that "In case of vacancy in the Senate or the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law." However, under the Constitution, the elected senator or House member "shall serve only for the unexpired term. In accordance with Republic Act 6645, the Comelec, upon receipt of a resolution of the Senate of the House of Representatives, shall hold a special election to fill such vacancy. Comelec chairperson George Garcia had previously said the poll body was geared up to conduct a special election if requested by the House. “If we will be directed… we will comply with haste,” Garcia said. The Comelec is set to receive a copy of the House-resolved resolution. The post House calls for special poll to fill Teves’ seat appeared first on Daily Tribune......»»
COMELEC chair issues warning against premature campaigning
Commission on Elections chairperson George Garcia on Sunday warned would-be candidates for the upcoming Barangay and Sangguniang Kabataan elections on 30 October 30 about engaging in premature campaigning. During a radio interview on DZBB, Garcia said that since it is not yet the official campaign period, any actions taken by potential candidates could result in legal action. He also urged voters to report any BSKE candidates who begin campaigning prior to the start of the official campaign period on 19 October. According to Garcia, the filing of certificates of candidacy (COC) for the 2023 BSKE will be from 28 August to 2 September, while the campaign period will run from 19 to 28 October. "Currently, the COMELEC has no power. They should wait for August 28 and when someone files a case before us. Do you want to have disqualification cases or face a criminal case with up to six years in prison?" Garcia said. "Let’s monitor the situation on our own. File a complaint to us at the COMELEC," Garcia added, urging citizens to help the commission rid of irregularities during election periods. Garcia earlier said that COMELEC's efforts to combat premature campaigning also involve the possibility of a "warrantless arrest" for individuals caught participating in vote-buying or vote-selling. According to the COMELEC chair, those who will file their COCs will be considered candidates for the BSKE set on 30 October. Thus, Section 80 of the Omnibus Election Code, which pertains to premature campaigning, will already be applicable to them. Section 80 of the Omnibus Election Code states that “it shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period.” Garcia urged Filipinos not to vote for candidates who violate the law. "Why would you vote for people who do not obey the law? If they are no longer following the law even if they’re just candidates, what more when they’re elected? They will only violate our laws and what will happen to our nation then?" Garcia asked. Garcia said people could document evidence against those who will do premature campaigning in their respective areas, and forward them to local COMELEC offices. He also stressed that complainants should testify to prove their claims. The post COMELEC chair issues warning against premature campaigning appeared first on Daily Tribune......»»
Vote-buyers’ arrest sans warrant soon
Persons engaged in vote-buying or vote-selling may soon be arrested sans a warrant. This as the Commission on Elections is set to come out this month with new rules on vote-buying and vote-selling including citizen’s arrest of violators. Atty. John Rex Laudiangco, Comelec spokesperson, during Wednesday’s Laging Handa press briefing in Malacañang, said a temporary committee was revitalized into Committee on Anti-Kontra Bigay headed by Commissioner Ernesto Ferdinand Maceda Jr. The guidelines, Laudiangco said, will aid law enforcement and prosecution officials in pinning down those who would engage in vote-buying or vote-selling, during the Barangay and Sangguniang Kabataan Elections in October. “The resolution on this is coming out in the coming week and it will be a deterrent to those planning to violate Section 261-A of the Omnibus Election Code,” he said. Comelec chairperson George Garcia, during the signing of a memorandum of agreement with the Philippine National Police and Philippine Coast Guard, said the rules may include warrantless arrest. Comelec, PNP and PCG committed to doing their best for fair and peaceful elections on 30 October. He issued a warning to stop the practice of vote-buying as a warrantless arrest will be implemented starting the campaign of the BSK elections. “In the guidelines that we will issue, we will allow the PNP to arrest if the person is caught in the act. We will authorize that now with the full backing of the Comelec because it is our belief that under our Constitution a warrantless arrest is allowed,” he said. Garcia said these revisions are needed because of the changing times and stop the long-time practice of vote-buying. The post Vote-buyers’ arrest sans warrant soon appeared first on Daily Tribune......»»
COMELEC asked to exempt DSWD, related agencies from election spending ban
The Commission on Elections has been asked to consider exempting the Department of Social Welfare and Development and other related agencies doing relief work in the province of Albay in light of the impending election spending ban. Albay Rep. Joey Salceda, who made the appeal on Saturday, sent a letter to the poll body, requesting that the DSWD and other government agencies involved in relief operations in Mayon Volcano be granted exemption from Omnibus Election Code amid the upcoming Barangay and Sangguniang Kabataan polls on 30 October. "Any minute, Mayon could erupt violently. This could also be a prolonged evacuation effort. Nobody knows for sure. But it's better to be safe and be ready with all the relief programs we need -– this could extend beyond the Barangay elections," the veteran lawmaker said. "Clarity is everything for us. We want to abide by the law. And we want to take care of our people. We want to do both. COMELEC has the means and the power to help us do both. That’s why we are making this request," Salceda added. Mayon's violent eruption, according to Salceda, might affect at least 103,181 people in eight cities and municipalities in Albay, accounting for 7.5% of the province's entire population. Meanwhile, 39,901 individuals are currently directly at risk under Alert Level 3. Since warnings of an imminent violent eruption have been known to come and go, Salceda believes that evacuation operations might take 45, 90, or 110 days. "Evacuation efforts must continue until volcanic activity clearly subsides or until a violent eruption actually occurs. Until then, evacuees will require food aid, training activities, cash-for-work programs, and other socioeconomic support to replace economic activities they are barred from doing due to the evacuation orders," Salceda added. Amid the restiveness of Albay's Mayon, the lawmaker averted that relief operations from various agencies would not end once the eruption. The economist-lawmaker said the eruption will displace agricultural, quarrying, ecotourism, and other economic activities in the danger zones, indirectly affecting Albay's economy as a whole. "Likewise, a violent eruption will also likely cause health issues, which will require immediate medical attention and corresponding support through the Medical Assistance Program." With this, Salceda asks Comelec, which had the power under the Omnibus Election Code, to allow such other expenditures especially forDSWD-like activities. Section 261 of the Omnibus Election Code prohibits the release, disbursement, and expenditure of public funds 45 days before a regular election and thirty days before a special election, but emergency works due to a public calamity and maintenance of existing public works are exempted from the provision. The BSKE election, which was originally set for 5 December of this year, was moved to an earlier date, pursuant to Republic Act 11935, signed by President Ferdinand Marcos on 12 October last year. The coming grassroots poll this year will break the year-long postponement. Recall that BSKE has been postponed four times since 2016 through RAs 10923, 10952, 11462 and 11935. The post COMELEC asked to exempt DSWD, related agencies from election spending ban appeared first on Daily Tribune......»»
NegOr polls deferment still in limbo
The Commission on Elections on Sunday revealed that the decision on whether to postpone the Barangay and Sangguniang Kabataan elections in Negros Oriental or not will still take time to process. Comelec chairperson George Erwin Garcia said that ahead of the scheduled public consultations on the proposed postponement of elections in the province this week, they will also hold consultations with other stakeholders, possibly pushing the schedule of the decision even close to the elections on 30 October. “We will not immediately decide on this after the public consultations there. We also have to follow other processes at the national level, such as consultations with citizens’ arm and stakeholders,” Garcia said. “If you’ll ask me, it may happen in the last week of September to the first week of October,” he added. To recall, the poll body on Thursday released a schedule of 25 simultaneous public consultations on the proposed postponement of the polls in Negros Oriental. The scheduled public hearings have been divided in five clusters, each with public consultations in five cities and municipalities. However, a total of ten events will be held each day on 27 and 28 June and five on 29 June. In this case, the Comelec has scheduled a public consultation in Canlaon City, Vallehermoso, Tayasan, Ayungan, Bais City, Pamplona, Sibulan, Dumaguete City, Zamboanguita and Siaton on 27 June. Residents of Guihulngan City, La Libertad, Bindoy, Manjuyod, Tanjay City, Amian, Valencia, Bacong, Santa Catalina and Bayawan City are also expected to join in their respective public hearings on 28 June. On the last day, 29 June, the Comelec will hold consultations in Jimalalud, Mabinay, San Jose, Dauin and Basay. Comelec spokesperson John Rex Laudiangco told Daily Tribune in a message on Sunday that Garcia will be present in a public consultation at Lamberto Macias Sports Complex in Dumaguete City on Tuesday afternoon. Garcia will be joined by Armed Forces of the Philippines Chief of Staff General Andres Centino and Philippine National Police chief Police General Benjamin Acorda Jr. The Comelec chair also revealed that they have yet to receive the petition from governors from the Bangsamoro Autonomous Region in Muslim Mindanao to declare postponement of the barangay and SK polls until the completed withdrawal of Moro Islamic Liberation Front combatants. “I have read in periodicals that Bangsamoro governors want to postpone the BSKE in their region. If we ever receive their petition, this will be subjected to appropriate processes,” Garcia said. He reminded other sitting public officials and stakeholders of the provisions of Section 5 of the Omnibus Election Code which provide the basis for a declaration of postponement in an area in the country. The said provision in the OEC states that a postponement is warranted if there exists “violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly and honest election should become impossible in any political subdivision” in a certain area. “We don’t want to create an ugly precedent that we will declare a postponement just because of the calls of the few, then others will call for that in the future, then everyone will just call for a postponement,” Garcia said. “Remember that the election is included in our law, and the Comelec is the implementer of the law. As much as possible, we will implement, at all costs, the provisions of the law,” he added. The post NegOr polls deferment still in limbo appeared first on Daily Tribune......»»
Comelec warns vs spending public funds during BSKE campaign period
The Commission on Elections on Thursday reminded incumbent local politicians that spending public funds during the Barangay and Sangguniang Kabataan Elections campaign period on 19 to 28 October is prohibited by law. Speaking to reporters in Laoag City, Ilocos Norte during the Comelec’s three-day meeting there, chairman George Erwin Garcia warned that violators of the law may face criminal charges or disqualify guilty parties from the elections. Section 261(v) of the Omnibus Election Code prohibits public officials and employees from using and spending public funds for public works and other expenses provided under the provision during the election period. Garcia also reminded that only incumbent local officials are allowed to campaign for their respective BSKE bets and not government and civil service employees. Political parties are also not allowed to endorse candidates and candidates are not allowed to represent political parties. “We can’t prevent their campaign and endorsement, but there are limitations with the use of public funds,” he added. Meanwhile, Comelec Commissioner Ernesto Maceda Jr. said there is a need for ways to make parties guilty of vote buying and other illegal acts accountable under election rules or Section 261 of the OEC. Maceda said the current election laws are insufficient, making it hard for authorities to determine the gravity of vote buying and other anomalies. “Our present legal framework or structure is insufficient. It’s easy to complain but hard to prove.... It’s not because of any inadequacy on the part of the persons who made this effort, but because the requirement of proving something like this, which is a crime, is the same as proving any other crime,” Maceda said. The post Comelec warns vs spending public funds during BSKE campaign period appeared first on Daily Tribune......»»
Comelec disqualifies Legazpi councilor
A member of Legazpi City, Albay’s Sangguniang Panglungsod on Tuesday received a disqualification ruling from the Commission on Elections over a two-day cash assistance payout to tricycle drivers which was held before the national and local elections last year. The SP member — identified as Al Barizo who placed fifth in last year’s polls — has been disqualified by the Comelec Second Division over violation of public spending as stated in Section 261(v)(2) of the Omnibus Election Code. Part of the Katipunan ng Nagkakaisang Pilipino slate, he is party-mates with former Albay Governor Noel Rosal and her wife, Legazpi City Mayor Carmen Geraldine Rosal — both implicated in the cash assistance activity ahead of the polls. Barizo and the Rosals are facing three individual petitions by a certain Joseph Armogila, a defeated candidate in the same councilor race that Barizo was also part of. The petition filed against Barizo in 11 April last year aimed to disqualify him from the race over vote buying or Section 68(a) and (e) of the OEC. However, the Second Division ruled out vote buying due to insufficient evidence that Barizo directly took part in the distribution based on text messages and Facebook posts about the event which was used as basis in the petition. “Even if he is not proven to have had a hand in the illegal release or distribution of public funds during the prohibited period, he surely was a prominent figure in the expenditure of the said funds when those were handed out to the tricycle driver-beneficiaries,” the poll body’s resolution read. It also indicated that Barizo argued that the cash assistance was “a continuation of the previous batches of cash assistance” since August 2021. The Rosals also previously defended the payout, saying that it was part of the then pandemic response subsidy known as “Bayanihan 1.” The post Comelec disqualifies Legazpi councilor appeared first on Daily Tribune......»»
Comelec urged: Probe campaign donors
The Commission on Elections has been urged to investigate campaign donations during last year’s national and local elections following a report from the Philippine Center for Investigative Journalism on Friday which revealed some donations for senatorial candidates that are either from government contractors or that exceeded the prescribed amount of campaign donations as set by the poll body. The report named Senator Joel Villanueva, a candidate at the time, who allegedly received P20 million worth of campaign donations from a company, which has an existing P2.147-billion contract with the National Housing Authority for the ongoing construction of a 19-story building which is valid until 2025. Former Comelec commissioner Luie Guia, who was interviewed by PCIJ in its report, said that the poll body has the power to hold Villanueva’s camp liable over the donation, which is prohibited under Section 95(c) of the Omnibus Election Code. To recall, the provision in the OEC states that “natural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works,” are barred from providing campaign donations. “In this case, this is a criminal offense and Comelec is duty-bound to hold those who might have committed violations of the election laws to account,” said Guia. Daily Tribune has reached out to Villanueva’s camp for a comment, but has not responded. The PCIJ also noted some donations that exceed the prescribed limit of five percent of an entity’s taxable income in one tax year, flagging the likes of Creative Pacific Corporation whose ‘in-kind donation’ to senatorial candidate Richard Gordon is six times the allowable limit by the corporation. Daily Tribune has also sought comment from Comelec, but its spokesperson John Rex Laudiangco said that they have already referred it to their Campaign Finance Office. The post Comelec urged: Probe campaign donors appeared first on Daily Tribune......»»
Cops gear up for Barangay, SK polls
The Philippine National Police is making early preparations to assume election duties as a deputized agency of the Commission on Elections for the 2023 Barangay and Sangguniang Kabataan Elections scheduled on 30 October 2023. PNP chief Police General Benjamin Acorda Jr. said the Comelec Committee on the Ban on Firearm and Security Concerns convened it first meeting last 9 May 2023 presided by Commissioner Aimee P. Ferolino, CBFSC chairperson, with representatives from the PNP and the Armed Forces of the Philippines. He said that all operational planning and preparatory activities of the PNP are guided by Comelec Resolution 10902 that approved the calendar of activities for the 2023 Barangay and SK polls. Pursuant to Comelec Resolution 10902, the 90-day election period for the 2023 Barangay and Sangguniang Kabataan Election will commence on 28 August 2023 with the start of the period for filing of Certificates of Candidacy. Acorda said the PNP will strictly enforce all prohibited acts during the entire 90-day election period as enumerated under the Omnibus Election Code and Resolutions passed by the Comelec. “These prohibited acts include the bearing, carrying, or transporting firearms or other deadly weapons in public places including any building, street, park, private vehicle, or public conveyance, unless authorized in writing by the Comelec and also prohibited during this period is the use of security personnel or bodyguards by candidates,” said Acorda. Upon the request of Commissioner Ferolino, Acorda said the PNP is making some adjustments on administrative procedures and technical requirements in the processing of Comelec authority for exemption. The joint Comelec-PNP-AFP committee is set to hold a media event on 22 May 2023 to formally launch the information campaign for the 2023 Barangay and SK elections. Meanwhile, PNP spokesperson Col. Jean Fajardo said they will beef up their efforts in ensuring the peaceful and orderly conduct of the barangay and SK polls. “As we speak, our Directorate for Operation is closely coordinating with Comelec, but as of now we don’t have yet the figures as to the number of election areas of concerns that will be included in the color category, the yellow, green, orange and red,” Fajardo said. “We also expect this coming barangay elections although we know it will be quite hot when it comes to the local election that’s why this early the PNP prepared including the other security forces to make sure all risk factors will be determined as early as now so that those who are best practices and other police strategies to ensure that we have safe and secure elections will be implemented even prior to the declaration of the election period,” she added. The post Cops gear up for Barangay, SK polls appeared first on Daily Tribune......»»
Comelec to adhere SC’s status quo order on Rosal
The Commission on Elections on Thursday said that it will comply with the Supreme Court’s Status Quo Ante Order decision that effectively reinstates Carmen Rosal as mayor of Legazpi City, Albay a day after the poll body certified her disqualification as “final and executory.” “The Commission on Elections, through the Clerk of the Commission, received from the Supreme Court its Status Quo Ante Order in the Carmen Rosal Disqualification Case. As we have consistently committed, the Commission on Elections will abide by and comply with any order, ruling or directive of the Highest Court of our Land,” Comelec spokesperson John Rex Laudiangco said. Comelec’s statements come as the Supreme Court acted on the two petitions for certiorari under Rule 65 in relation to Rule 64 of the Rules of Court assailing the Comelec resolutions that disqualified Rosal as candidate for mayor of Legazpi City, Albay in the 2022 polls. The assailed resolutions — dated 4 October 2022 and 4 May 2023 in SPA 22-032 (DC) — directed the Special City Board of Canvassers of Legazpi City to proclaim second placer Alfredo A. Garbin Jr. as the duly-elected mayor of Legazpi City. The SC en banc — in its Status Quo Ante Order dated 11 May 2023 given by authority of Acting Chief Justice Marvic M.V.F. Leonen, upon the written recommendation of the Member-in-Charge — deemed it necessary and proper to consolidate the two petitions docketed as G.R. 266775 (Oscar Robert H. Cristobal v. Comelec, Alfredo A. Garbin, Jr., Joseph San Agustin Armogila, and Carmen Geraldine Rosal) and G.R. 266796 (Carmen Geraldine Rosal v. Comelec, Joseph San Agustin Armogila, Alfredo A. Garbin Jr. and Oscar Robert H. Cristobal); require respondents Comelec, Garbin, Armogila, Rosal, and Cristobal to file a consolidated comment within 10 days from notice; and issue a status quo ante order requiring the parties to observe the status quo prevailing before the issuance of the Comelec resolutions. Armogila and Rosal were candidates for councilor and mayor of Legazpi, respectively, in the 2022 national and local elections. Armogila filed a petition for disqualification against Rosal before the Comelec on the grounds of vote buying under Section 68(a) of the Omnibus Election Code and violation of the prohibition on release, disbursement, and expenditure of public funds under Section 261(v) of the same law. A ’status quo ante order’ calls for a return to previous affairs, which effectively sets aside the poll body’s decision to disqualify Rosal over violation of Section 68(a) of the Omnibus Election Code, or on ‘giving money to influence, induce and corrupt the voters.’ Rosal announced on Wednesday that he filed a petition before the Supreme Court to stop the poll body’s execution of their decision to disqualify her. In a press conference, she questioned Comelec on their ruling which said that she violated a provision on the Omnibus Election Code on ‘calling the decision ‘arbitrary.’ Her husband, disqualified Albay Governor Noel Rosal, insisted that the act in question – the cash assistance payout to tricycle drivers – was not vote buying as it was part of the ‘ayuda’ mandated in Bayanihan 1. The post Comelec to adhere SC’s status quo order on Rosal appeared first on Daily Tribune......»»
Rosal disqualification final, says Comelec
The Commission on Elections on Wednesday certified their 4 May decision to disqualify Carmen Rosal as mayor of Legazpi City, Albay over ‘giving money to influence, induce or corrupt the voters’ as ‘final and executory.’” This comes as no temporary restraining orders were issued by the Supreme Court in the last five days, which would have directed the stoppage of the implementation of the disqualification. The certification was issued by the poll body despite Rosal’s declaration that she filed a petition for the Supreme Court to issue a TRO on the said ruling earlier in the day. In the same document, Comelec ordered the six members of the special board of canvassers in Legazpi City, Albay to declare ex-Ako Bicol representative Alfredo Garbin Jr. as the city’s new mayor ‘within ten days’ after the certification of the decision as final. To recall, Garbin was behind Rosal in last year’s mayoral race in Legazpi City with a slim margin of only 550 votes between the two candidates. In a message to Daily Tribune, Comelec spokesperson John Rex Laudiangco said that certification will still push through as no TROs were issued. “Per our conversation with the Clerk, there were no TRO issuances and we haven’t received any from the Supreme Court. It’s not automatic that the SC will issue a TRO after filing. It’s SC’s full discretion and authority whether or not they’ll issue a TRO,” Laudiangco said. He also cited an election provision which states that such decisions ‘shall become final and executory after the lapse of five days from their promulgation, unless restrained by the Supreme Court. In a Viber message, Comelec chairperson George Erwin Garcia said that the writ of execution will be issued on Thursday. Meantime, Rosal led a press conference at the Manila Yacht Club before noon on Wednesday where she announced that she filed a petition for the issuance of a TRO before the High Court. She argued that the decision to declare her election offense as Section 68(a) of the Omnibus Election Code was arbitrary. Previously, a decision by the Comelec Second Division October last year stated that she violated Section 261(v) of the OEC, referring to violation of public spending during the election period, with the act in question being the two-day cash assistance payout for tricycle drivers. However, in a Commission En Banc decision on 4 May which affirmed the previous decision to disqualify her, the poll body said that Rosal is not liable under Section 261(v) as she was not a public official at the time. “I reiterate, how can I be disqualified by the Comelec En Banc for vote buying when this was dismissed by the Comelec Division and such issue was not brought up to the Commission En Banc?” Rosal said. Rosal filed the petition before the SC through Attorney Romulo Macalintal. Also present during the press conference was Carmen’s husband, disqualified former Albay governor Noel Rosal, whose situation was similar to hers when he was slapped with a decision to relinquish his position over the same financial aid distribution to tricycle drivers. The petitions filed against Carmen and Noel Rosal, in this case, were both filed by Joseph Armogila. Former governor Rosal insisted that the cash payout for tricycle drivers were part of the country’s then economic assistance program amid the Covid-19 Pandemic dubbed “Bayanihan 1.” Speaking to Daily Tribune, the former governor suspected someone else behind the petitions that led to their disqualifications. “It’s not Armogila. Someone’s behind it. If it’s just him, the case would have been dismissed earlier,” Noel Rosal said. The post Rosal disqualification final, says Comelec appeared first on Daily Tribune......»»
New Legazpi mayor ‘victim’ of election violation
Recently-declared Legazpi City Mayor Atty. Alfredo Garbin Jr. on Monday commented on the decision by the Commission on Elections to disqualify his rival, Carmen Geraldine Rosal over a violation in the Omnibus Election Code. Garbin — who was the former Ako Bicol Partylist representative — stressed that he was a “victim” in Rosal’s reported violation of Section 68(a) of the OEC, “for giving money to influence. Induce or corrupt the voters.” This was in response to a “2-Day Tricycle Driver’s Cash Assistance Payout” by Rosal and her husband, disqualified then-governor Noel Rosal, which was reportedly posted on Facebook March last year. The petition was filed last year by Joseph San Juan Armogila, with Garbin as petition-intervenor. “Comelec said that this will not be tolerated as it will be susceptible to abuse, especially to incumbent officials. This is our way for the poll body to recognize our standing, our legal interest, to the issue of disqualification,” Garbin said. In its 4 May decision, the poll body said that their activity is a violation of Section 68(a) of the OEC, revising their October 2022 decision which previously ruled that she violated Section 261 (v) of the Code because Rosal was not holding public office at the time. Garbin was declared by Comelec as the new Legazpi City mayor, arguing that the activity by Rosal was already deemed ground for disqualification even before the polls. “Deeming that Mayor Rosal, disqualified as such should not have been a valid candidate in the first place, she should not have been voted on in the elections,” said Comelec spokesperson John Rex Laudiangco. “The Commission en banc ruled further that the voters are fully aware of this fact, with such awareness bounding on notoriety, but nonethless voted for her, knowing fully well of an impending disqualification and ineligibility,” he added. Rosal could still challenge the decision before the Supreme Court, but the poll body’s ruling will be final and executory five days after the ruling was promulgated. The post New Legazpi mayor ‘victim’ of election violation appeared first on Daily Tribune......»»