Laguna guv dodges overspending on campaign ads issue-A A +A
Tuesday, October 1, 2013
LAGUNA Governor Emilio Ramon "ER" Ejercito on Tuesday appealed his disqualification but did not dwell on his alleged overspending during the run up to the May 13 polls.
In the 28-page Motion for Reconsideration (MR) filed by his lawyer George Garcia, Ejercito opted not to discuss the main issue that caused his disqualification as the province's top executive.
"Respondent Ejercito would like to make it of record that he purposely did not discuss the factual findings of the First Division as contained in the subject Resolution because it may be construed as a waiver of the jurisdictional issues raised by herein respondent," said the Ejercito MR.
On September 26, the Comelec disqualified Ejercito from his office after he was found to have spent in the recent elections beyond the P4.5 million limit.
He was given five days, or until Tuesday, to file an MR to the commission en banc, otherwise the ruling will be deemed final and executory.
In his appeal, Ejercito focused on the absence of jurisdiction by the Comelec First Division over his disqualification case filed by his rival, Edgar San Luis.
"With all due respect, respondent Ejercito espouses the position that this Honorable Commission (First Division) has no jurisdiction to take cognizance of this case since it is the duly authorized legal officers of the Honorable Commission who has the exclusive power to act upon and prosecute election offenses such as those alleged in the petition filed by San Luis," said the petition.
He noted how Comelec rules provide that election offense cases such as the one filed against him should be submitted to the Law Department and not be given to the division.
Similarly, Ejercito blasted the obvious lack of impartiality shown by members of the Comelec First Division when they have taken the "roles of evidence-gatherer, prosecutor and judge" all at once in his case.
"Regrettably, it is clear from the actuations of the Honorable Commission (First Division) that Respondent Ejercito cannot expect a fair trial in this case. Respondent's defense was doomed from the start not because the same lacks merit but because of the evident bias and partiality of the First Division," said Ejercito.
Comelec First Division members that signed the September 26 ruling are Commissioners Lucenito Tagle and Christian Lim. Commissioner Al Parreno was then out of the country. (HDT/Sunnex)