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Sanchez
camp shrugs off disqualification case
A
disqualification case filed against
Governor Hector S. Sanchez by four
provincial officials and his bitterest
rival for alleged violation of election
laws will not place the incumbent's
reelection bid in jeopardy, the governor's
camp said last week.
A
source said that the violation cited by
the disqualification petition is not among
the grounds for disqualification outlined
in Section 68 of the Omnibus Election
Code. He added that in the unlikely event
that the Comelec rules against Sanchez for
the alleged election offense, he cannot be
prevented from running in the May 14 polls
unless he is convicted of the violation
upon final judgment. This means the case
could stretch for years and allow Sanchez
to serve out the next three years assuming
he wins his battle with Rep. Leandro B.
Verceles, Jr. and former Gov. Severo C.
Alcantara.
The
other Monday, the outgoing solon joined
Provincial Budget Officer Ireneo C. del
Rosario, Provincial Engineer Rodolfo G.
Malinana, Provincial Social Welfare and
Development Officer Priscilla T. Navar and
Human Resource Management Officer IV Seth
M. Aguilar in filing the case against
Sanchez before the Commission on Elections
(COMELEC) provincial office.
The
petition alleged that on Jan. 10, 2001,
well into the election period which
started Jan. 2, Governor Sanchez detailed
del Rosario to the Office of the Governor
without the latter's consent without prior
approval of the COMELEC and in violation
of Section 261(h) of the Omnibus Election
Code. It stated that the official was
stripped of his powers and replaced by
Budget Officer IV Nina Guerrero.
In
his memorandum, Sanchez told del Rosario
that "you have not been doing the
best of your efforts to supplement the aim
of the undersigned for good governance in
the provincial government." The
governor also added that the budget
officer did not make efforts to follow
Sanchez's instructions.
A
source who refused to identify himself
also claimed that del Rosario denied the
governor's request to release P50,000 in
government funds to fulfill his promise
made in 1999 to give the amount to
personnel of the Eastern Bicol Medical
Center. It was also alleged that the
budget officer also objected to funding
the purchase of high-powered firearms by
the Sanchez administration.
On
the other hand, Aguilar and Navar was
allegedly detailed by Gov. Sanchez to the
provincial administrator's office last
year and have not been reinstated to their
former posts. In Engr. Malinana's case, he
has been detailed to the governor's office
since December 1999 and has not been
reinstated as of even date.
Del
Rosario's Jan. 10 detail order as well as
the governor's refusal to reinstate the
other three officials, the petition
claimed, is in violation of Section 261(h)
of the Omnibus Election Code.
On
the other hand, Rep. Verceles said he is
an interested party in the petition
"because the Detail Orders issued by
Governor Hector Sanchez and his continuing
refusal to reinstate them to their
respective former positions constitute
election offenses committed by him for the
purpose of enhancing his chances of
winning in the May 14, 2001
elections."
It
may noted that the four provincial
officials signed their joint affidavit on
non-forum shopping, a requirement in
filing such cases, on March 4, a day after
Rep. Verceles signed his affidavit before
Atty. Arnel Sarmiento, who himself is
running for a seat in the provincial
board.
Section
68 of the Omnibus Election Code enumerates
the grounds for disqualification of a
candidate as including bribery, terrorism,
overspending, illegally-acquired campaign
funds, and "violation of any of
Sections 80, 83, 85, 86 and 261,
paragraphs d, e, k, v, and cc,
subparagraph 6..."
It
may be noted that the violation of Section
261 (h) cited by the disqualification
petition against the governor is not among
the grounds for disqualification as
spelled out in the OEC.
However,
the same Code provides imprisonment of not
less than six months to six years, without
possibility of probation, as well as
deprivation of the right to vote and
perpetual disqualification from public
office of the guilty party.
A
source at the Verceles camp confided to
the Tribune late last week that another
disqualification case was set to be filed
last Monday. The case hinges on the
allegation that Gov. Sanchez tried to
bribe the solon's uncle, Prospero I.
Verceles, with P2-million to file his
certificate of candidacy for the
gubernatorial post.
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