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Vacate your posts, Comelec tells Vilma, ER, 400 other elected officials


(Updated 9:24 p.m.) Vacate your posts.

This was the directive of Commission on Elections chairman Sixto Brillantes Jr. to some 400 elected officials who won in the last midterm polls but failed to submit their Statement of Contributions and Expenditures (SOCE), or gave deficient documents.

During a press conference on Thursday, Brillantes named Batangas Gov. Vilma Santos-Recto, Laguna Gov. E. R. Ejercito, Pangasinan Gov. Amado Espino, and Ilocos Sur Gov. Ryan Luis Singson, the son of Ilocos kingpin Chavit Singson, as some of the 422 officials who failed to present their SOCE more than six months after the May 2013 elections.

Among the members of the House of Representatives who reportedly did not submit their SOCEs on time are former President and Pampanga Rep. Gloria Macapagal-Arroyo and Muntinlupa City Rep. Rodolfo Biazon.

The Comelec chief said he sent a letter to the Department of Interior and Local Government (DILG) and the Office of the House Speaker to implement the law, but added that he cannot compel the elected officials to vacate their posts pending the submission of the required documents.

"Our communication says, they have to vacate. ‘Yun naman talaga ang batas e, because they have no legitimacy in siting as incumbent congressman if they have not submitted their SOCE. Kaya lang kung hindi pa na-iimplement ni Speaker ay hindi naman namin mapipilit," Brillantes said.

In response, House Speaker Sonny Belmonte Jr. said the Comelec was "over-acting" when it issued the order. "I've checked it and all complaints were merely on technicalities,” Belmonte told a news conference.

Meanwhile, Interior Secretary Mar Roxas issued the following statement: "We have received the letter from Comelec, and have directed our legal team to write-up the appropriate legal directives. The DILG is committed to implement the law in appropriate manner. This administration is committed to electoral reform.”
 
 

According to Brillantes, those who did not comply include:
  • Four governors
  • One vice governor
  • 12 members of Sangguniang Panlalawigan
  • 20 congressmen
  • Three city mayors
  • Nine city vice mayors
  • 47 members of Sangguniang Panlungsod
  • 23 municipal mayors
  • 26 municipal vice mayors
  • 277 members of Sangguniang Bayan

In a phone interview, Brillantes said, “Ang message ng komisyon sa mga kandidatong nananalo, 'wag nilang kakalimutan ‘yung mga obligasyon after the elections.”

According to the Omnibus Election Code, "No person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required."

Section 14 of RA 7166 or the Synchronized Elections Law gives candidates and the treasurer of the political party30 days after election day to file "the full, true and itemized statement of all contributions and expenditures in connection with the election.”

The poll chief noted that more than six months after the midterm polls, some elected officials have yet to file their SOCE. Expenditure reports that did not contain the signature of the candidates were also “deemed as not filed,” he said.
 
“Siyempre they will have to comply [with the law] otherwise they will have to vacate their position,” Brillantes said. “Hindi nga sana namin gustong mag-announce ngayong Pasko e, pero mabuti na ‘yun para linisin na ‘yung kanilang record before Pasko.”
 
According to Brillantes, delayed filing of the SOCE is not an election offense and is only punishable with an administrative fine. However, on second offense, a winning candidate may be declared as disqualified.
 
“This is the first time. In previous elections, we have not imposed this, itong provision ng batas,” Brillantes said.

We complied

Batangas Gov. Vilma Santos-Recto, however, was quick to claim that the Comelec failed to inform her about filing the wrong SOCE form.

“We did comply. [Nag-file ako ng SOCE], nauna pa sa deadline,” Recto said in a live interview aired on GMA News TV’s “Balitanghali” on Thursday.

“We didn’t get any letter from them [Comelec]. Kung may problema, dapat nakakuha sana kami ng letter para na-correct namin,” she noted.
 
Her husband, Senator Ralph Recto, also released a separate statement on Thursday defending his wife.
 
“We have a certificate of compliance dated June 6 from Comelec Batangas that we complied,” the statement read, adding that even the local Comelec officer was “shocked and surprised” with Brillantes’ pronouncements.
 
“We reviewed just now all the documents we filed and we do not see any mistakes,” he added.

In a phone interview with Arroyo’s legal counsel Raul Lambino, he said they were also “taken by surprise” with Comelec’s announcement.

He said Arroyo was not notified that there were deficiencies in her SOCE filed on June 10, 2013, which was “duly certified” by Pampanga election supervisor Fernando Cot-om.

"We will wait first for a notice, order, or resolution before deciding on the next legal step," Lambino told GMA News Online.

Arroyo's husband Atty. Juan Miguel Arroyo said in a "24 Oras" report that the Comelec's move is another kind of "oppression."

‘Singled out’

For his part, Pangasinan Governor Espina was wondering why he was ‘singled out’ by the Comelec.

“The SOCE was received by the Pangasinan provincial Comelec last June 10 at 3:40 in the afternoon. It was subsequently sent to Comelec Manila in one batch together with the SOCE of all provincial and congressional candidates in Pangasinan,” Espino said.

In a "24 Oras" report, some district representatives claimed they complied with the expenditure requirements and that they were surprised by Comelec's move.

"I have in my possession a copy of my SOCE which was filed and received in the provincial office of Comelec... I manifest my intention to do it personally to appease the Comelec, though this is superfluity at most," North Cotabato second district Rep. Nancy Catamco said.

"Unexpected. As a matter of fact, I was shocked kanina when it was brought to my attention," said Misamis Occidental second district Rep. Henry Oaminal.

Meanwhile, the husband of Manila third district Rep. Naida Angping said they would refile the expenditure report with the Comelec tomorrow.

"We have already asked somebody to go to Comelec to get a copy of the form and tomorrow, we refile it again," said former representative Harry Angpin.

Nelda Roguel, a member of Rizal first district Rep. Joel Roy Duavit's staff, said she was surprised by the Comelec's announcement because she filed Duavit's SOCE and that the local Comelec office accepted the report.

Comelec mandate

Meanwhile, Malacañang would not comment on the matter, saying the Comelec is a "separate and independent constitutional commission."
 
"So we will leave them at what they think is a proper decision to do," presidential spokesperson Edwin Lacierda said during a press conference on Thursday.
 
He added that the Aquino administration does not have to prove its impartiality.
 
On the possibility of disruption in government if the officials named in the Comelec order are asked to leave their posts, Lacierda said the Comelec is aware of the consequences of its actions.
 
"They’re acting upon that mandate. So the consequences of that is something that they are fully aware of," he said. — Rouchelle Dinglasan, Kimberly Jane Tan and Marc Jayson Cayabyab/KG/RSJ/YA/BM, GMA News
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