Comelec upholds disqualification of Aurora vice gov in 2022 polls

The Commission on Elections (Comelec) has upheld its decision to disqualify Aurora Vice Governor Gerardo "Jerry" Noveras in the 2022 polls. 

"Wherefore, premises considered, the Commission En Banc resolved, as it hereby resolves, to deny the motion for reconsideration dated 14 July 2023. The petition for disqualification dated 26 April 2022 is hereby granted," it said in its decision dated September 6.

"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 added.

To recall, the poll body had ruled to disqualify Noveras for using the provincial government’s tarpaulin printer for his 2022 campaign.

"As explained earlier, the unlawful and unauthorized use of government resources constitute a use of fraudulent scheme under Section 261 e of the OEC (Omnibus Election Code). We must then determine if this use of the fraudulent scheme was for the purpose of coercing or inducing a person to participate in any form of campaigning," the Comelec said.

According to the Comelec, Noveras' position as the head of the local government unit had "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."

Noveras had denied any liability and claimed that these acts could not be directly imputed to him, as he argued that the resolution of the Comelec First Division merely relied on inferences and assumptions.

The poll body said that Noveras' argument was erroneous.

"This is not a mere coincidence but a strong indication that Respondent had coerced and induced Mr. Tecuico in performing the acts complained of. The clear language of Section 261 (e) of the OEC states that the prohibited act need not to be proved to be undertaken by Respondent directly. Even the indirect act would render him liable," the poll body said.

In a public briefing interview, Comelec spokesperson Rex Laudiangco said that Noveras may appeal to the Supreme Court and ask for a temporary restraining order. 

"Otherwise, kapag wala kaming natanggap dito, magiging final and executory ang decision at ito ay mai-implement namin upang pababain si Vice Governor Noveras," he added. 

(Otherwise, if we do not receive anything here, the decision will be final and executory, and we will implement it to demote Vice Governor Noveras.) 

The petitioner, Narciso Amansec, who was Noveras’ rival in the 2022 vice gubernatorial race in Aurora, claimed 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.

Amansec had said that he noticed a tarpaulin with a familiar image and a red background and saw Michael Tecuico, a casual employee of the Aurora provincial government, manning the printing of the tarpaulin and campaign materials.

The Comelec further stressed that its decision was based on the merits of the case rather than technicality, noting that per Rule 23 of the poll body's Rules of Procedure, failure to appear by the petitioner or his counsel at the preliminary conference warrants dismissal of the case.

The poll body noted that Amansec had failed to appear at the preliminary conference on May 17, 2022.

In a Viber message to reporters, Comelec Chairperson George Garcia said that Amansec, a former vice mayor of Dipaculao town in Aurora, was killed in 2022.

“Incidentally, mukhang patay na po ang petitioner dyan [the petitioner is dead]. Murdered/ambushed po,” Garcia said.

Amansec, his wife, and driver were killed in an ambush by unidentified suspects in October last year. They were onboard a maroon pick up truck and were traveling through Barangay Dibutunan when the ambush occurred. —with Giselle Ombay/VAL/VBL, GMA Integrated News