THE Commission on Elections (Comelec) yesterday ordered an investigation against Aroroy, Masbate Election Officer (EO) Magdie Moran for failing to implement the order to remove the name of a candidate for barangay chairman in Barangay Cabas-an during the last Barangay and Sangguniang Kabataan Elections (BSKE).
In its Minute Resolution No. 23-0817, the Comelec en Banc ordered the conduct of an administrative probe against Moran for failing to remove the name of candidate Aniano Pancho Capinig from the list of candidates as ordered by the Comelec Law Department.
“The Commission resolves to adopt the recommendation of the Law Department (that) an administrative investigation be conducted against the election officer of Aroroy, Masbate for her failure to delete/remove/cancel the name of Aniano Pancho Capinig in the Certified List of Candidates pursuant to Minute Resolution No. 23-0735,” said the Comelec.
According to Comelec chairman George Garcia, the poll body’s Personnel Department shall handle the probe against Moran.
“(It can lead to) removal from office due to gross insubordination,” said Garcia in a separate message.
The probe was ordered after the Comelec received reports that the name of Capinig was not deteted/removed/cancelled from the Certified List of Candidates.
Instead, Moran supposedly merely suspended his proclamation, thereby resulting to Capinig still being voted for barangay chairman in Barangay Cabas-an during the October 30 polls.
“EO Moran failed to implement the Resolution of the commission En Banc and merely suspended the proclamation of Mr. Capinig despite having enough time to delete/remove/cancel his name in the Certified List of Candidates,” said Comelec – Law Department Director Maria Norina Casingal.
The Comelec “administratively cancelled” the Certificate of Candidacy (COC) of Capinig as early as October 25 following the decision of Branch 47 of the Masbate City Regional Trial Court convicting him for illegal possession of firearms.
With his COC cancelled, the Comelec en banc said all votes he was able to receive during the polls are now considered as “stray votes”.
It said the second placed candidate during the BSKE should now be proclaimed as the winner.
During the October 30 polls, Eduardo Morado placed second to Capinig in the race for barangay chairman.
Meanwhile, Comelec spokesman John Rex Laudiangco advised all candidates in the recently concluded BSKE to submit truthful Statements of Contributions and Expenditures (SOCEs).
In a televised public briefing, Laudiangco warned that those who would submit false SOCEs face perjury raps.
“Let us be honest, truthful, and have integrity in holding the position beginning with the filing of your SOCEs. (Otherwise, they may face) perjury charges because all their documents are submitted under oath,” he said.
Aside from being truthful, the poll official said the candidates must make sure that their SOCEs will show that they did not overspend during the campaign period.
He stressed that campaign overspending, or spending beyond the P5 per registered voter limit, is tantamount to committing an election offense.
“If only you followed the lawful campaign materials, like posters, streamers, banners, and doing house-to-house campaigning, we believe the P5 per registered voter spending limit is adequate,” he said.
“Once we get reports that there is overspending, we will conduct an investigation and, if necessary, file election offense cases for overspending,” he added.
Under Republic Act No. 7166, all candidates must file their full, true, and itemized SOCEs within 30 days after the day of the election.
The last day to file SOCEs for winning and losing BSKE bets is on November 29, according to Comelec Resolution No. 10905.
At the same time, Laudiangco said the Comelec has yet to hear from the House of Representatives if a special election will be held in the third legislative district of Palawan following the passing of Palawan Rep. Edward Hagedorn.
“We continue to await for the next move of the House of Representatives,” said Laudiangco, adding: “Like other seats that are vacant, the Comelec can only order, prepare, and hold special elections if it will be called by the House of Representatives.”
Laudiangco said such a call from the Lower House will require the issuance of a Certificate of Permanent Vacancy and a House Resolution calling for a special election.
Hagedorn passed away last month at the age of 76 years amid his bout with pancreatic cancer.
In a related development, a newly-elected barangay chairman was shot dead in Pagadian City in Zamboanga del Sur on Wednesday afternoon, the fifth barangay official to be slain after the October 30 barangay and youth polls.
Police probers are still determining the identity of the lone suspect and the motive behind the murder of Rodolfo “Lolong” Dacol of Barangay Lapedian in Pagadian.
A report from the Zamboanga Peninsula regional police office said Dacol was onboard his tricycle when he was shot by the male assailant at around 6:38 p.m.
Police described the suspect as wearing a red shirt and short pants.
Dacol was brought to a hospital where he was declared dead on arrival.
Responding policemen recovered at the scene a shell and a bullet fired from a cal. 45 pistol.
The death of Dacol brought to five the number of barangay officials slain during attacks after the conduct of the October 30 BSKE, which police said was “generally peaceful.”
The four other fatalities were two councilors in Soccsksargen, a barangay chairman in the Davao region, and a councilor in the National Capital Region.
Two others were injured in similar attacks after the polls — a barangay chairman from Calabarzon and a barangay councilor from Northern Mindanao.
PNP Public Information Office chief and spokeswoman Col. Jean Fajardo has said the PNP was expecting such attacks after the elections, thus the PNP is continuing with its post-election monitoring. — With Victor Reyes