THE Commission on Elections (Comelec) yesterday affirmed the disqualification of Aurora vice governor Gerardo “Jerry” Noveras in the May 2022 local polls, adding that possible election offense cases could be filed against the official.
In its 24-page decision, the Comelec en Banc affirmed the earlier ruling of its First Division to disqualify Noveras after he was found liable for coercion and intimidation, as well as use of government resources during the campaign period in the last poll exercise.
“The material facts of the case and the supporting evidence clearly establish that respondent’s use of a fraudulent scheme by unlawfully using government resources and premises has enabled him to compel and induce Mr. Michael Tecuico, a provincial casual worker, to print materials for his campaign. This is a prohibited act of Section 261 (e) of the OEC. Thus, he can be disqualified pursuant to Section 68 of the OEC,” said the Comelec.
“The Commission En Banc resolves to deny the Motion for Reconsideration dated 14 July 2023. The Petition for Disqualification dated 26 April 2022 is hereby granted. Respondent Gerardo ‘Jerry’ A. Noveras is hereby declared disqualified from running for the vice-gubernatorial position of the province of Aurora in the 09 May 2022 National and Local Elections,” it ruled.
According to the decision, Noveras is liable for committing a fraudulent scheme of indirectly compelling Tecuico to perform acts beyond the scope of his work, and in furtherance of his candidacy.
“Respondent’s position as the head of the local government unit allowed him to coerce and enable the assignment of a provincial casual worker to perform acts beyond his scope of work and to use the ATC compound for the printing of respondent’s campaign materials, which is beyond the allowed and intended use of a government property,” said the Commission.
As to the claims of Noveras that the petition should be dismissed due to the absence of the petitioner, Narciso dela Cruz Amansec, at the preliminary conference last May 2022, the Commission said it opted to exercise the “liberal construction of the rules”.
“Strict adherence to procedural rules should not operate to shackle the Commission’s efforts to deter and punish the egregious disregard of prohibitions under our substantive electoral laws,” said the Comelec.
In its July 10 decision, the Comelec First Division disqualified Novera for engaging in fraudulent schemes to advance his candidacy, including the printing of campaign materials using government properties and within government premises.
Come July 14, Noveras appealed the decision before the Comelec en Banc.
In a televised public briefing, Comelec spokesperson John Rex Laudiangco said Noveras may still appeal the case before the Supreme Court (SC).
“If we don’t receive a temporary restraining order from the SC, the decision will be final and executory. We will then implement the decision and ask Vice Governor Noveras to step down,” said Laudiangco.
