Aurora vice gov disqualified by Comelec over use of gov't tarpaulin printer for 2022 campaign

The Commission on Elections (Comelec) First Division has disqualified Aurora Vice Governor Gerardo “Jerry” Noveras for using the provincial government’s tarpaulin printer for his 2022 campaign.

“WHEREFORE, premises considered, the Commission (First Division) hereby RESOLVES to GRANT the instant Petition. Respondent GERARDO “JERRY” A. NOVERAS is DISQUALIFIED,” the resolution dated July 10,2023 read.

“[T]he serious allegations in the Petition and the totality of evidence in the records are sufficient to convince the Commission (First Division) that Respondent committed a grave violation of Section 261(d)1) of the Omnibus Election Code which warrants his disqualification as a Vice-Gubernatorial candidate for the Province of Aurora,” it added.

The resolution was signed by Comelec First Division Presiding Commissioner Socorro Inting and Commissioner Aimee Ferolino. Comelec Commissioner Ernesto Ferdinand Maceda Jr. also signed but issued a separate opinion which also explained how Noveras violated the same provision of the OEC.

The petition which was filed by Narciso Amansec — Noveras’ rival in the 2022 vice gubernatorial race in Aurora — alleged that the latter “took advantage of his position as the incumbent Governor by utilizing and using the property, equipment and facilities of the Provincial Government of Aurora for his personal interest and for the benefit of his campaign.”

He said this is in violation of Section 261(o) of the OEC.

The petitioner alleged that he and his wife and driver went to the Aurora Training Center (ATC) Compound on March 30, 2022 and witnessed the actual printing of the tarpaulin and campaign materials of Noveras.

He claimed that while they were walking towards the compound, he noticed a tarpaulin with a familiar image and a red background and saw Michael Tecuico, a casual employee of Aurora provincial government, manning the printing of the tarpaulin and campaign materials.

In refuting the allegations stipulated in the petition, Noveras asserted that violation of Section 261(o) is not among the grounds to disqualify a candidate for public office.

While the petitioner cited Section 261(o) of the OEC and the Comelec jurisdiction in qualifying candidates is set forth in Section 68 of the same law, the Comelec First Division said it is not bound by the allegations in the petition as to the provision of law applicable and it may determine, based on facts and records, whether a violation of any other provision of the OEC had been committed, especially in relation to ground for disqualification.

The Comelec First Division said a review of the evidence establish that there had been multiple violations of the OEC wherein Noveras “held an undue advantage” of his elective post as an incumbent governor of Aurora by “utilizing the properties owned by the government and coercing, compelling and influencing his subordinates to advance his campaign for the 9 May 2022 Elections.”

The allegations that the tarpaulins being illegally printed inside the compound are posted all over the province, the manning of a casual employee — who is appointed by Noveras — of the tarpaulin printing, and the discovery of the tarpaulins of Noveras and his partymates by the police “fall squarely under the prohibition of Section 261(d)(1)” of the OEC, said the Comelec Division.

The said provision of the OEC states that: “Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organization, or any employer or land-owner who coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates.”

The Comelec First Division believes that all the elements of violations of the said provision are present.

It said that Noveras, being the appointing authority of provincial capitol employees and officers, has the powers to control and authority over Tecuico.

“We find that Respondent indeed coerced and/or influenced Tecuico to perform acts to aid in his candidacy,” the resolution read.

“Considering these factors, the combination of [Noveras’] position as a public officer, the fact that the campaign materials were printed for his benefit and the benefit of his running mates, and the overall power dynamics within the local government, it becomes evident that there exists a reasonable basis to assert the presence of coercion, intimidation, or influence over Tecuico,” it added.

For the Comelec First Division, Tecuico would not have exposed himself to criminal liability for election offenses and administrative sanctions for misuse of government resources to no benefit to himself, without the persuasive influence of Noveras.

All the facts appreciated together provide a strong indication that the employee’s actions were not undertaken willingly or without external influence, the Comelec Division said.

The Comelec Division likewise noted Noveras’ failure to refute the pieces of evidence clearly establishing that tarpaulins for his campaign were being printed using provincial government resources by a casual plantilla employee under his control and supervision.

It said that the closest denial from Noveras is his attachment of his counter-affidavit for a separate complaint for violation of Section 261 of the OEC lodged before the Office of the  Provincial Prosecutor of Aurora.

In the said affidavit, Noveras alleged that on March 30,2023 he received information that Amansec forcibly entered the premises of the ATC compound, taking control, and preventing individuals, including his relative from entry.

He further alleged that Amansec was accompanied by police personnel and had control of the area. Thus it would be very easy for him to fabricate evidence to support his complaint.

Noveras also said in his affidavit that he had no knowledge of Tecuico’s activities and had asked the latter to explain Amansec’s allegations, on pain of possible administrative and criminal sanction.

However, the Comelec Division explained that these bare allegations are not enough to contravene the clear and unequivocal statements made by the petitioner which include law enforcement agents regularly performing their duties by virtue of a court-issued warrant of arrest.

The Comelec Division also noted that the claim that the ATC Compound was under the control of the petition runs counter to ordinary logic and human experience as Noveras is the chief executive of the Province of Aurora and the compound is a property of the provincial government.

Under the Comelec Rules of Procedure, a motion to reconsider a decision, resolution, order, or ruling of a Division shall be filed within five days from the promulgation thereof. —KG, GMA Integrated News