Constitutional incongruity

I find a serious constitutional incongruity in the situation of Harrison Gonzales as the ex officio member in the sanggunian panlunsod of Dumaguete, being the president of the liga ng mga barangay of the same city.
This inconguirty applies as well to all those whose situation is the same as Harrison Gonzales, whose identities I have yet to ascertain. I am referring to those appointive, hold-over ex officio sanggunian members who lost in the last elections.
Harrison Gonzales is the punong barangay of barangay Tinago, Dumaguete City.
He was elected president of the liga ng mga barangay, an organization of punong barangays in Dumaguete City created by the local government code.
The legal mandate of the liga is to promote the development of the barangay as the smallest political unit.
Pursuant to law, the president of the liga is appointed the ex officio member of the sangguniang panlunsod (city council) during his term of office.
The city council as we know, is the local legislative body.
The city council,as the local law making body, exercises derivative law-making or policy-making powers.
Since it exercises derivative powers, its members are representative of the constituents of the city who elected them in office.
Hence, according to law---the local government code---the regular members of the city council are elected at large, directly by the people FOR A SPECIFIC TERM of three years.
During elections, the people get to choose who they like to represent them in the city government's policy making body.

The ex officio member not elected
Meanwhile, the ex officio membership in the sanggunian by the president of the liga ng mga barangay, is not elected by the people at large.
Instead, the law appoints him as ex officio to the sanggunian being the liga president.

Hold-over capacity
However, Harrison Gonzales, and all barangay officials are acting in what legally is called "HOLD OVER CAPACITY".
This is because the terms for which there were elected has already come and gone. Natapos na.
Barangay officials are elected only for a three year term.
According to the law, and as echoed by the Department of Interior and Local Government the incumbent barangay officials remain in a "hold over capacity."
The fact that barangay officials are in a hold over capacity only means that they no longer have the mandate of the people and are occupying their positions in an appointive capacity.
Their contract with the people, or their mandate is only three years. This has long expired.
Therefore, the only reason why they remain in office is because the law appointed them as such in a "hold over capacity".
Thus, barangay officials like Harrison Gonzales are holding an appointed and not elected office.
That they are "hold-over" officials is admitted, even by DILG.

The anomaly
The anomaly arose in during the period of the May 14 elections.
Harrison Gonzales, the ex officio member in the sanggunian in a hold-over capacity, suddenly developed a burning desire to be a regular member of the sanggunian, and not just an ex officio and hold-over.
Apparently, he was not contented be merely being "ex officio" and being a "hold-over."
So he filed his certificate of candidacy for city councilor.
Unfortuntately for him, his lost badly in the elections.
He placed 19th among 20 candidates.
Through a direct vote by the people of Dumaguete, Gonzales was resoundingly rejected.
For whatever reason, the people didn't want him in the sanggunian.
The people did not forget the crooked leadership-by-example displayed Harrison Gonzales when he was discovered to have obtained the largest unliquidated cash advances, as per report of the Commission on Audit last year.
This was published in the November 19, 2007 issue of the Chronicle.
The Negros Chronicle will conduct a follow-up investigation on the unliquidated cash advances, and their belated liquidation.
The Negros Chronicle is interested to know and report to the public what kind of receipts were submitted to justify the advances many many months after the cash advances were incurred by barangay officials led by Gonzales.
For goodness sake, peoples' money are involved here.
For an official to liquidate and submit receipts long after the cash advances are made, is already anomalous and disdainful, to say the least.
If an official gets cash advances from the public coffers, he must liquidate it with receipts immediately. That is the rule.

What is the anomaly?
The anomaly is that we have a member of the sanggunian who at best, only derives his basis to sit in the council through an appointed "hold over capacity."
The elective nature of the office as punong brangay has long expired because he had been elected by the people for only three years, and that was long ago. His term of office is over.
Yet, the direct voice of the people during the elections resonated clearly, which is a decision to bar the hold-over Gonzales from sitting in the city council.

No basis to sit
If the people directly rejected Harrison Gonzales, what constitutional, legal, and moral basis does he have to continue sitting in the sanggunian?
Gonzales continues to sit in the council, receiving salaries (coming from taxpayers' pockets) like an ordinary city councilor.
He can choose to continue to draw cash advances if he likes, the liquidation period of which only he will know when.
He can continue to push for resolutions like calling for five-cock-three-day derby.
As a taxpayer, would you like to continue to pay your taxes, knowing that part of it will go to the salary of a city councilor whom soveriegn electorate rejected during the elections?
There is really something seriously and fundamentally wrong somewhere.
And I think the error touches a crucial the nerve in our basic democratic beliefs and foundations as expressed in our constitution.
There exists what I have described, a constitutional incongruity.

A constitutional principle violated
The most cherished constitutional principle is that stated in Section 1 Article II of the 1987 constitution. It says:
"The Philippines is a republican and democratic state. Sovereignty resides in the people and all government authority emanates from them."
This is a compelling and all-important interest which is the bedrock of our beliefs as freedom-loving people.
To the people, belong the power.
This is where we differ from monarchy ruled by kings, although some people in our city government think they are kings and the people their subjects.

Meaning of "republican state"
The Philippines as a republican state, is anchored on the principle that supreme power rests in the body of the people.
Republicanism more simply means a state that establishes a government of the people, by the people and for the people.
Inherent in our republican system is granting the people their sacred power to elect their representatives in government who exercise delegated derivative power.
We may define a republic to be a government which derives all its power directly or indirectly from the great body of the people; and is administered by persons holding offices during pleasure, for a limited period, or during good behavior.
So those who want to sit in the city council must seek the approval by the soveriegn people.
If the sovereign says no, the rejected applicant must bow to the will of the sovereign. It is that simple.

Elections: a judgment
The elections is the time for the sovereign to pass judgment and to make a statement, political or otherwise
The Supreme Court in Polala Sambrani versus Comelec (September 15, 2004) said it aptly: "An election is the embodiment of the popular will, the expression of the sovereign power of the people. It involves the choice or selection of candidates to public office by popular vote. The right of suffrage is enshrined in the Constitution because through suffrage the people exercise their sovereign authority to choose their representatives in the governance of the State."

Gonzales is disrespecting the peoples' will
It is already bad enough that the Gonzales has continued to cling to this appointive and hold-over ex officio position even if he is deemed resigned upon the filing of his certificate of candidacy.
It would be worse, and the height of anti-democratic behavior to continue to do so even if he has been junked by the sovereign electorate.
Soon the new term of the sanggunian will start in July.
The newly elected councilors will take their post, after receiving a fresh mandate of the electorate.
But Harrison Gonzales will be the only city councilor sitting in the Dumaguete sanggunian not only without a mandate of the electorate, but with an explicit rejection by the same sovereign during the last elections.
And more painful for the people is that Gonzlaes will to continue to suck hard earned taxpayers' money to pay his salaries.
I don't know how in good conscience Gonzales, a politcal reject, a spoil in the last elections, can sit comfortably with this.
We don't know yet if Gonzales will again draw more cash advances, in addition to the P341,000 cash advances he had incurred which fortunately was discovered by the vigilant and independent COA last year to have been unliquidated.
Believe me, this is not the democracy that the Filipino people aspired to build when they ratified the constitution.

What's the solution?
There are solutions to resolve this constitutional incongruity.
First is to litigate and resolve this in court.
But cases take eternity, and more likely the matter will just become moot and academic in view of the coming barangay elections in October.
Another possible scenario is for Harrison Gonzales and others similarly situated to be struck with a lightning sense of delicadeza and bow to the will of the people and acknowledge that the people really don't want Gonzales to sit in the Dumaguete sanggunian.
He should not justify his stay by seeking refuge in the hold-over prinicple.
Hold-over is merely performing a caretaker's job after the term is over.
A punong barangay's term of office is only three years.
An official in a hold-over capacity is always occupying an appointive position.

There will still be continuity
This caretaking can be done by his next-in-rank in the liga if Gonzales honorable steps down. There will still be continuity and there will be no gap.
If Gonzales won't have delicadeza, then another resolution for this incongruity is for the liga members who all occupy hold-over positions, to replace or remove Gonzales.
If the liga officials genuinely respects the sovereign people, then they should manifest this respect by collegially acting to replace Gonzales.
By doing this, the liga will do democracy a great favor by practicing it in a noble way.

The peoples' will must always prevail
The issue here is far greater than Harrison Gonzales or any person who continues to cling like a leech to a sanggunian even if they were dumped by the electorate.
If Harrison Gonzales or anybody similarly situated continues to sit in the sanggunian, the will of the sovereign is sidewept.
Our advocacy is to let the will of the sovereign prevail over all things.
Sovereignty always resides in the people.
All government authority must emanate from them.
This is the spirit of republicanism, enshrined in our constitution which we, as citizens have a solemn obligation to guard, defend, and uphold.

The DILG regional director's opinion is off course

The regional director of the Department of Interior and Local Government (DILG) named Pedro A. Noval Jr., has also issued his own opinion on the querry of vice mayor William Ablong about the ex officio membership of the liga president in the sanggunian.
But I think the good DILG regional director did not understand the issue.
That is why the regional director's opinion, is not only unresponsive, but is also way off course like a golf ball heading toward the forest.
But we need to comment on this opinion.
He says "Hence, a punong barangay who filed his certificate of candidacy is not considered resigned."
We are not saying that Harrison Gonzales, punong barangay of Tinago resigned from being puonong barangay when he filed his certificate of candidacy.
As a matter of fact, we contentd that Gonzales retains his being punong barangay and liga president even if he filed his certificate of candidacy.
What we are saying is that he was deemed resigned from his ex officio membership in the sanggunian when he filed his certificate of candidacy, such membership being appointive.
The regional director is not responsive.
Next, the regional director said " consequently, a punong barangay who is at the same time an officer of the liga ng mga barangay shall continue to be an officer thereof even if he has filed his certificate of candidacy in view of the fact that he is not considered resigned as punong barangay."
The regional director is more lost.
Again, there is no dispute that Harrison Gonzales, when he filed his certificate of candidacy, continues to be officer or president of the liga, such position being elective.
But this is not the issue.
In any event, if you would notice, the opinion of the DILG regional office is dated May 22, 2007.
Subsequently, two days after or on May 24, 2007, the city DILG operations officer rendered another opinion apart from that of the regional director.
From my analysis of things, when city hall received the opinion of the regional director, they realized that the opinion would not hold water because it was lost deep in the forest, so unresponsive, and not even able to spot the issue.
That is why perhaps---and we can only surmise--- legal people from city hall asked the city DILG operations officer to render a "separate opinion" in view of the unresponsive opinion of the regional director.
Personally I can't even rule out the possibility that people from city hall "helped" draft the opinion of th DILG operations officer.
In any event, both opinions, from my view, are far unconvincing.

DILG opinion inconsistent, flawed, baseless

The Department of Interior and Local Government's (DILG) opinion that the position of ex officio membership of the liga president in the city council is an elective position, is fatally flawed and devoid of any legal basis.
At the same time, The DILG has advanced a totally inconsistent and irreconcilable position when it admitted and accepted that barangay officials are presently acting in a "hold-over" capacity.
Barangay officials like Harrison Gonzales are acting in a "hold-over capacity" because their three-year term of office had long expired.
Barangay officials were thus appointed in hold-over capacities in the meantime that the next barangay elections are yet to be held in October.
First, DILG city operations officer Leopoldo Y. Gravador contends that the ex officio membership of the liga president in the sanggunian is elective because he is not among those appointive officials enumerated in Section 469-490.
This simplistic reasoning is utterly flawed and even irrelevant.
The city DILG has failed to recognize that those appointive official he refers to are offcials exercising EXECUTIVE FUNCTIONS, or are members of the executive department except the secretary to the sanggunian, who exercises secretarial functions.
These appointive officials refered to by the DILG (Sec 469-490) are career officials, heads of executive departments.
Who are these appointive officials referred to by the city DILG under Section 469-490?
These are the city treasurer, assistant treasurer, city assessor, city accountant, city budget officer, city palnning officer, city engineer, city health officer, civil registrar, city administrator, city legal officer, city veterinarian, city social welfare officer and general services officer and the secretary to the sangunian who has the rank and salary of a head of department.
As can be easily seen, these appointive officers refered to by DILG's Gravador are officials in the executive department exercising non-legislative functions.
They are the local counterparts of cabinet secretaries, appointed by the mayor, and in the case of the treasurer and assistant treasurer, by the secretary of finance.
The appointive position of the liga president to the sanggunian as ex officio member is an appointment to a legislative body (read: lawmaking).
Naturally, the ex officio sanggunan membership (of the liga president) cannot be among those enumerated in Section 469-490 because the mayor, an executive official, cannot appoint somebody to the legislative branch in view of the separation of powers betwen the executive and legislative.
It is sad to note that in rendering his (flawed) opinion, the city DILG is unable to distinguish an executive official or function, from a legislative official or function.
How can we now expect him to distinguish between an elective position from an appointive position?
The DILG opinion, is way off-tangent.
Second, the city DILG opinion said "on the contrary, the manner of election and the ex-officio membership of the Liga President in the Sanggunian is clearly provided along with the manner of election of hte regular members of the snaggunian bayan."
This statement is grossly misleading.
There is nothing in the law that provides for "the manner of ...election of the liga president in the sanggunian."
Unless we missed the law, the city DILG needs to explain where exactly in the local government code does it provide for "the manner of election of the liga president in the sanggunian."
Our reading of the law, clearly conveys the appointive nature of the liga president's ex officio membership to the sanggunian.
The law states: "The presidents of the liga ng mga barangay and the pederasyon ng mga sagguniang kabataan elected by their respective chapters, as provided in this Code, SHALL SERVE as ex officio members of the sanggunian.
When the law commands that the liga president SHALL SERVE as ex officio member...", it is an appointment, a designation, a directive, a mandate.
How can that be elective?
If the DILG insists that the ex officio membership in the sangunian is elective, we ask the question: elected by whom? elected when? elected for what term?
Certainly it is not the sovereign electorate who elects the ex officio membership of the liga president.
I don't recall Harrison Gonzales having been elected by the people to the sanggunian.
I hope the DILG gives a more clarificatory explanation because his opinion is more confusing.
May we suggest that the DILG give the people a background of the history of the ex officio membership of the liga president to the sanggunian.
As far as history and tradition is concerned, the ex officio membership of the barangays in the sanggunian has always been appointive.
Under the old local government code (Batas Pambansa 337), the president appointed the barangay representative to the sanggunian.
Then the appointment was delegated to the secretary of the DILG.
Under the present local government code, it is now the law itself that mandates that the liga president SHALL SERVE as ex officio member in the sanggunian during his term of office.
The DILG should explain how a historically and traditionally appointive and appointed position i.e. ex officio membership of the barangay representative to the sanggunian, has suddenly become elective.
The third point by the city DILG betrays his glaring inconsistency.
By admitting that brangay officials are in a "hold over capacity", this only means that barangay officials are presently holding appointive positions.
A hold-over position is always appointive.
One is appointed in a hold-over capacity precisely because the term of office for which he was elected is already over.
An elected official whose term of office is over is supposed to step down.
But, in the words of the Supreme Court, due to the exigencies, the same official is appointed to a hold-over capacity pending the election of the next set of officials. Hold over is only temporary.
The official in a hold-over capacity therefore is always an appointive position.
To maintain the hold over rule, it should be the next in rank in the liga hierarchy who should assume the ex officio membership in the sanggunian in view of the ipso facto resignation of the liga president when he filed his certificate of candidacy.
Thus, in the case of Harrison Gonzales, since he opted to have himself subjected to the peoples' verdict, he is deemed resigned from his appointive, hold-over position as ex officio sanggunian member, upon filing of his certificate of candidacy.
Worse, since the people eventually rejected him, with more reason should he refrain from clinging to a position that is not his to savor.

DILG rules ABC membership in council is elective, not appointive

The Department of Interior and Local Government has issued two opinions adverse to the charge that the ex officio membership of the president of the liga ng mga barangays in the sangguniang panlunsod (city council) is appointive in nature.
The DILG says the position is elective.
I challenged that when the Dumaguete City liga president filed his certificate of candidacy for regular membership of the sangguniang panlunsod for the May 14, 2007 elections, he was deemed ipso facto resigned by virtue of Section 66 of the omnibus election code.
Section 66 of the omnibus election code mandates that those in appointive office or position are ipso facto resigned from their positions upon the filing of their certificates of candidacies.
The objective of the law is to prevent abuse by the appointive officer of his position while he is a candidate for election.
As an example, Secretary Mike Defensor resigned from being presidential chief of staff (an appointive position) when he filed his certificate of candidacy for senator.
The DILG has ruled that the ABC ex officio membership in the city council is an elective, and not an appointive position.
Therefore, the liga ng mga barangay president Harrison Gonzales was not deemed resigned from his ex officio membership, even when he filed his certificate of candidacy for regular membership of the Dumaguete city council.
The following were the reasons advanced by the local government operations officer Leopoldo Y. Gravador for their conclusion that the ex officio membership of the liga president in the sangunian is elective in nature:
1. Section 469-490 of the local government code enumerates the appointive officials for cities. Since the ex officio memebrship of the liga president is not among those enumerated, then such office or position is not appointive and therefore elective.
2. Section 41 (b) provides along with the manner of election of the regular members of the sanggunian the ex officio memership of the liga president in the sanggunian. (The provision states: The presidents of the liga ng mga barangay elected by their respective chapters shall serve as ex officio members of the sanggunian).
Aside from this Mr. Gravador claims that the liga president continues to sit in the sanggunian until the next barangay elections on a holdover capacity pursuant to R.A. 9340 Section 5.
Meanwhile, the regional director of the Department of Interior and Local Government Pedro A. Noval Jr. explained that a punong barangay who filed his certificate of candidacy is not considered resigned.
He said that under R.A. 9006 any elective official whether national or local, running for any office shall not be considered resigned.
This was contained in a 2nd Indorsement dated May 22, 2007.
He also explained that under the constitution and by laws of the liga ng mga barangay, the term of all officers and members of the liga at all levels shall be concurrent with their term and tenure of office of the sangguniang barangay.
Conseuqently, the regional director said, a punong barangay who is at the same time an officer of the liga ng mga barangay shall continue to be an officer thereeven if he has filed a certificagte of candidacy in view of the fact that he is not considered resigned as a punong barangay.
My comments on these opinions on my next blog....

Gonzales liable for usurpation?

The president of the liga ng mga barangay in Dumaguete City can be held liable for criminal, civil and administrative charges for continuing to function as member of the city council, despite a vacancy in such office or position owing to his ipso facto resignation when he filed his certificate of candidacy.
Harrison Gonzales, punong barangay of Tinago Dumaguete City and president of the city's liga ng mga barangay became the ex officio member of the city council having been appointed as such pursuant to the local government code.
But the office or position of ex officio city councilor was vacated by Gonzales when he filed his certificate of candidacy for city councilor for the May 14, 2007 elections
Gonzales’ appointment as ex officio member of the city council being the president of the liga ng mga barangay, is pursuant to law, i.e. Section 494 of the local government code (R.A. 7160).
The local government code states that “the duly elected presidents of the liga…shall serve as ex-officio members of the sanguniang panlunsod. They shall serve as such only during their term of office as presidents of the liga chapters which in no case shall be beyond the term of office of the sanggunian concerned.”
Thus, while being punong barangay and being president of the liga is an elective position, the ex officio membership in the city council is an appointive position, Gonzales not being elected as a regular member of the city council.
According to Section 457 © of the local government code, the regular members of the city council are those who are elected by the people as such.
Gonzales was never elected as a member of the city council. His (ex officio) membership in the city council is appointive in nature, pursuant to law, Section 494 of the local government code.
Section 66 of the omnibus election code mandates that, “any person holding a public appointive office or position…shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
When Harrison Gonzales filed his certificate of candidacy for city councilor in March 2007, he was considered ipso facto resigned from the office as ex officio member of the city council, and the position became vacant at that time.
There is a valid, logical and laudable reason for the ipso facto resignation: to prevent such officer from taking advantage of the position to advance his political interests.
Section 45 (d) of the local government code provides that in case of vacancy in the representation of the barangay in the sanggunian, said vacancy shall be filled automatically by the official next in rank of the organization concerned.
Yet, even after having filed his certificate of candidacy, Gonzales illegally continued to hold office and function as an ex officio member of the city council, records and minutes of the council show.
Such illegal acts can constitute usurpation, a criminal offense under the revised penal code.
Article 177 of the penal code punishes any person who shall perform any act pertaining to any person in authority or public officer of the government or any agency thereof, without being lawfully entitled to do so.
If convicted, the accused can face over four years imprisonment.


Gonzales continued to function as city councilor.
What was he doing?

The Omnibus election code considers people in appointive office ipso facto resigned upon the filing of their certificates of candidacy.
The laudable objection is to prevent the abuse of the position during the campaign period.
Even after the barangay ex officio membership in the city council became vacant by the ipso facto resignation of Harrison Gonzales when he filed his certificate of candidacy, he still continued to function as city councilor.
In the April 2007 sessions of the city council, Harrison Gonzales, the candidate, wasted no time in using his illegally occupied position, by sponsoring politically charged and motivated actions in the council.
For instance, records of the city council would show that during the April 12, 2007 session of the city council Gonzales, a candidate for councilor, initiated moves for the disbursement of taxpayers’ money for all sorts of purposes and for the proliferation of gambling activities.
The following were pushed by Gonzales during the April 12, 2007 session of the city council:
Authorizing the issuance of a special permit, subject to the mayor’s approval to hold a 5-cock 3-day derby on April 19, 20, 21, 2007 at the Dumaguete cockpit. Proceeds of the activity were to be used to support the activities of the women with disabilities of Dumaguete (together with Catan). As to how disabled women can be related to cockfighting, is unknown.
Another measure pushed by Gonzales was authorizing the city treasurer to disburse P145,000 to be used for the partial expenses of the so-called Kabulakan Festival funds to be taken from the tourism council trust fund (with Kag. Catan).
Another Gonzales-pushed measure was appropriating P1,282,000 for the concreting of unamed barangay road to Bajumpandan Habitat 4, with funds to be taken from the unappropriated surplus code 501 (with Kag Esmena and Catan).
These and other disbursement of peoples’ funds were made at the height of the election campaign where Gonzales was a candidate.
The question now is how could Harrison Gonzales illegally continue to function as city councilor, pushing for disbursement of peoples’ money, while at the same time courting the constituency for their votes?
Does this not strike at the very heart of the noble objectives of Section 66 of the omnibus election code?
How could he illegally use public office as a means ostensibly to advance his political interests, considering that these authorities to disburse came during the election campaign period?

Rejected by the people

After the May 14 2007 elections, Gonzales bid for regular membership in the city council was resoundingly rejected by the people of Dumaguete.
There arises now an monumental anomaly where a directly rejected candidate, still continues to function as ex officio city councilor by virtue of his being president of the liga ng mga barangay.
After having been severely beaten in the elections (he placed 19th out of 20 candidates) , Harrison Gonzales continues to claim membership in the council, attending its session, even as his appointment as ex officio member has been terminated by his ipso facto resignation in March.
Gonzales bases his title as city council member through ex officio membership.
But the people don’t want him in the city council in the first place.
For Harrison Gonzales to continue functioning as ex officio city councilor even if he is deemed resigned from such appointment, and worse even after having been rejected by the sovereign electorate, is the height of absurdity.
This is a case of Gonzales having his cake and eating it too.

Latest first and third district poll results

Negros Oriental First District election results

As of 3 p.m. May 16 2007 Dumaguete time, the following are the partial unofficial results of the elections in the first district for the positions of first district congressman, and board members:
In the congressional race, the leading candidate is the mayor of La Libertad Joscelyn Sy Limkaichong (daughter of Julio Sy) with 17,331 votes; she is trailed by Olive Paras, wife of the incumbent and last termer Jing Paras with 7,605 votes; at third place is former congressman Jerom Paras with 5,033 votes; at fourth place is Danilo Roble with 3 votes.
For board members coming from the first district, the leading candidates are Rodolfo Martinez with 7,418 votes; second place is Lea Ga Bromo with 7,315 votes; third place is Jessica Jane Koppin with 6,696; fourth place is Napoleon Villegas Jr., with 6,461; fifth place is Jerome Jose Paras with 4,725 votes; sixth placer is Eric R. Jabel with 4,699 votes.
The first district is the northern part of Negros Oriental starting from the town of Manjuyod, Bindoy, Ayungon, Tayasan, Jimalalud, La Libertad, to Guihulngan.


Negros Oriental Third District election results

As of 3 p.m. May 16 2007 Dumaguete time, the following are the partial unofficial results of the elections in the third district for the positions of third district congressman, and board members:
In the congressional race, the leading candidate is present board member Henry Pryde Teves with 5,825 votes; second place is former vice governor Edgar G. Teves with 3,521 votes; third place is Edgar L. Jordan with 114 votes; while fourth place is Henry Cubalan with 50 votes.
For third district board members, the leading candidates are: Ernesto T. Tijing with 2,118 votes; second place is Marcelo G. Adanza with 4,940; third place is Roel R. Degamo with 3,700 votes; fourth place Teofisto F. Yap Jr with 2,118 votes.

Dumaguete unofficial election results

As of 3 p.m. May 16, 2007 Dumaguete time, the following are the partial unofficial results of the elections in Dumaguete for the positions of governor, vice governor, 2nd district congressman, mayor, vice-mayor and city councilors tabulated by the citizens quick count NAMFREL:
For governor, leading candidate is Rep. Emilio C. Macias with 31,646 votes. He is trailed by a mile by Samuel B. Torres with 1,264 votes.
For the vice governorship, the position is uncontested. The incumbent vice governor and former mayor of Manjuyod Jose Petit Baldado with 30,199 votes.
For second district congressman to be vacated by Rep. Macias, the leading candidate is the governor, George P. Arnaiz with 29,899 votes. He is followed by retired Gen. Ramon Montano with 4,014 votes. Third placer is Raul S. Aninon with 382 votes.
For Mayor, leading candidate is the incumbent mayor Agustin Perdices with 20,802 votes. He is trailed by lawyer and provincial board member Arturo Umbac with 15,992 votes. At third place is Ardelio Guarin with 343 votes.
For the vice mayor, leading is the opposition candidate Woodrow Maquiling with 18,379 votes. He is trailed by the incumbent vice mayor William Ablong with 15,696 votes. At third place is lawyer Arturo Erames with 2,554 votes.
Meanwhile in the race for city councilors, the top twelve candidates are the following:
Incumbent city councilor Chiquiting Sagarbarria with 20,949 votes; second placer is another incumbent Rotelio Lumjod 20,576 votes; third place is lawyer Rommel Erames who is making a comeback to the council with 17,492 votes; fourth place is Noel de Jesus a doctor with 16,990 votes ; in fifth is lawyer Franklin Esmena 15,777 votes; sixth is Esperidion Catan an incumbent with 16,680 votes ; seventh is new lawyer and West Point (USMA) graduate Allan Cordova 15,779 votes; eighth placer is Nilo Sayson also making a comeback to the council with 15,205 votes; ninth place is Antonio Remollo (TonyRems) with 12,739 votes; tenth place is Amy Dicen at 12,056 ; at eleventh place is Danilo Leon with 11,916 votes. At twelfth place is George Villamor with 11,716 votes.
The unofficial results are partial with 303 precincts tabulated, out of about 330 precincts for the entire Dumaguete City.
There are only ten seats up for grabs in the city council.

Tired canvassing board adjourns

I am in Dumaguete and following closely the local elections.
It is a day after the May 14 elections, and in the city level,the board of canvassers has already been convenedto canvass the votes based on the election returns from the different polling precincts.
I was surprised that at around 7p.m. the city board of canvassers went home allegedly because there were already tired.
They said the board re-convenes tomorrow morning.
This is a very irregular procedure because Section 231 of the Omnibus election code mandates that the board of canvassers must continuously count the votes from day to day.
The only time they can adjourn is when they await the arrival of the election returns from the precincts.
I have not seen any provision that allows the board to just dismiss themselves, while the certificates of canvass have not been fully counted.
As a matter of fact, the city board of canvassers are mandated to finish their counting within forty eight hours.
How can they finish it now when they went home and agreed to return after twelve hours.
Failure to comply with Section 231 of the omnibus election code constitutes an election offense.

Why the Comelec disqualified Edgar Teves

We read in the Negros Chronicle May 13, 2007 issue that the first division of the Commission on Elections rendered last May 11, 2007 a midnight resolution (SPA No. 07-242) disqualifying Edgar G.Teves as candidate of the third congressional district of Negros Oriental.
This is of course not final since Edgar G.Teves can still file an appeal with the Comelec en banc, and the case can eventually go all the way up to the Supreme Court.
So on election day, Edgar G.Teves is still a candidate for congressman agasint the grandson of Rep. Herminio G.Teves, Henry Pryde.
The reason why the Comelec first division disqualified Edgar was because of Section 12 of the Omnibus election code which disqualifies any person who has been sentenced by final judgment for a crime "involving moral torpitude."
The main issue in this Comelec resolution is the phrase "involving moral torpitude."
Let us remember and emphasize that mere conviction is not sufficient to disqualify a candidate. The conviction of the crime must involve moral torpitude.
"Moral torpitude" is defined as an act of baseness,vileness,or depravity in the private duties which a man owes hisfellowmen, or to society in general,contrary to the accepted and customery rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty, or good morals.
There is no dispute that EdgarTeves was convicted and sentenced by final judgment by the Supreme Court on December 14, 2004 (G.R.158182).
This conviction stemmed from Edgar Teves' continued ownership of cockpit while being mayor of the town of Valencia, Negros Oriental.
The Supreme court found Edgar guilty of violating Section 3(h) of the anti graft law (R.A. 3019). Ownership of a cockpit by a government official is expressly prohibited by the local government code under Section 89(2).
But the issue is whether that conviction is one involving moral torpitude.
There is nothing in the Supreme Court that suggests that such conviction was one that involved moral torpitude.
As a matter of fact, the sentence of Edgar was reduced from imprisonment of up to ten years, to a mere fine of only P10,000.
If the Supreme Court reduces the penalty upon an accused (from imprisonment to a mere fine), how can the crime committed involve moral depravity, baseness,vileness, or malicious intent?
We take note of the very wordings of the Supreme Court in its decision on December 17, 2004, in applying a highly reduced sentence upon Edgar Teves:

In the imposition on petitioner Edgar Teves of the penalty provided in the LGC of 1991, we take judicial notice of the fact that under the old LGC, mere possession of pecuniary interest in a cockpit was not among the prohibitions enumerated in Section 41 thereof. Such possession became unlawful or prohibited only upon the advent of the LGC of 1991, which took effect on 1 January 1992. Petitioner Edgar Teves stands charged with an offense in connection with his prohibited interest committed on or about 4 February 1992, shortly after the maiden appearance of the prohibition. Presumably, he was not yet very much aware of the prohibition. Although ignorance thereof would not excuse him from criminal liability, such would justify the imposition of the lighter penalty of a fine of P10,000 under Section 514 of the LGC of 1991

The Supreme court here even advanced an assumption of ignorance (of the law) on the part of EdgarTeves.
Is ignorance tantamount to moral torpitude, so as to justify Edgar's disqualification?

How to verify purchased votes

During elections, candidates who engage in vote buying to buy their way into office, have to implement double-checking measures to make sure that the voters they "buy" really voted in accordance with the candidates' dictates.
In other words, if a candidate buys the votes of Juan, the candidate should make sure that Juan really voted for the candidate and his pasrtymates.
How does the candidate make this verification?
There have been many ways to do this, but there is a new tactic.
The new tactic is to use the "coding" method.
Its like the color-coding scheme of vehicles in Metro Manila.
Candidiate X will approach a family in the barrio.
Candidate X and / or his agents will bring the cash and show guns, just to intimidate.
Candidate X will tell one family in the barrio, say a family of six, to place a "code" in the ballot.
This code cannot be detected by the board of election inspectors.
And this is the ingenuity.
Candidate X will instruct the family of voters to fill the last slot for, say councilors, board members or senators with a pre-assigned code.
The code can be the name of a person like "Pedro."
So for that entire family of six, they must place the codename "Pedro" at the last slot.
So when the votes are tabulated during th canvassing, the watchers of Candidate X will identify those six ballots which have the code "Pedro"
If there are less than six who entered this code, then the family should beware for candidate x will get back at them.
Each group of voters or each family have their owned pre-assigned code to be placed in the ballot to identify their ballots.
This kind of vote-buying verification is effective and will not be detected by the election inspectors because the the codenames will just be considered invalid votes, but actually, it was the signal for the corrupt candidate that indeed, the deal was "successful."

Abalos scored for doing a Pontius Pilate

Abalos hit for washing hands on Binay suspension

Genuine Opposition senatorial candidate Koko Pimentel today criticized Commission on Elections (Comelec) Chairman Benjamin Abalos for doing a Pontius Pilate over the unjustified suspension of the Makati City Mayor Jejomar Binay, who is running for re-election.
This was the reaction of Koko Pimentel over the pronouncements of Comelec chairman Benjamin Abalos to media that the Comelec won’t intervene and is taking a hands off policy over the suspension of Binay.
Last Friday evening, the Department of Interior and Local Government attempted to serve an Ombudsman suspension order against Mayor Binay in relation to an administrative case against him.
“The Commission on Elections is constitutionally mandated to be the chief administrator of all elections laws to ensure that elections are held fair and square,” Koko Pimentel reminded the Comelec Chair.
“The constitution is very explicit when it declares in Section 10 Article IX-C that bonafide candidates for public office shall be free from any form of harassment and discrimination,” Koko Pimentel stressed.
“What is happening to Binay is unprecedented and is the mother of all political harassments where he is being suspended with barely one week before elections,” Koko Pimentel deplored.
“It is the constitutional and legal duty of the Commission on Elections to intervene since it is the constitutional body which should ensure the conduct of fair elections,” Koko Pimentel said.
There is no legal basis for the Comelec to lays its hands off the Binay suspension over the flimsy ground that it purportedly involves graft and corruption, Koko Pimentel said.
“There is nothing in the omnibus election code that prevents the Comelec from using its power and authority to fulfill the constitutional mandate that candidates for elective posts shall be protected against, and insulated from all forms of harassments,” Koko Pimentel emphasized.
“What the omnibus election code merely says is that suspensions of officials in graft related cases would not constitute in an election offense,” Koko Pimentel explained.
“But this does not mean that the Comelec should already shirk in its constitutional duty to ensure that the elections are held fairly,” Koko Pimentel added.
“At the very least, the Comelec as a constitutional body, has the authority to intervene and issue a cease and desist order to prevent the enforcement of the suspension order, since its enforcement is nothing but a form of political harassment which the constitution expressly prohibits,” Koko Pimentel said.

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