REGIONAL Trial Court Branch 59 Judge Hermes Montero in Toledo City ordered the arrest of two Tuburan town officials and five others in relation to the election case they are facing in court.
Montero denied for lack of merit the motion filed by Councilors Flora Jusay and Ray Laurel and their co-accused to dismiss the case against them.
The case stemmed from the complaint filed against the respondents for allegedly distributing food and campaign materials bearing their photos to voters.
In 2017, the Commission on Elections (Comelec) en banc ordered its law department to file a case against the Tuburan officials for violating Section 89 in relation to Section 262 of the Omnibus Election Code and Section 31 of Comelec Resolution 9615.
Section 14 (a) Rule 18, as amended by Resolution 7808, in relation to Section 1, Rule 37 of the 1993 Comelec Rules of Procedure provides that a decision or resolution of the Commission en banc shall become final and executory after 30 days from its promulgation.
Apart from Jusay and Laurel, also named respondents were former mayor Rose Marie Gerona-Suezo, defeated vice mayoral candidate Daphne Arias Lagon, and defeated council candidates Kulas Edillon, Boy Tabada, Marie Tabotabo, and Rosalino Yuson.
Complainant Maricel Cajeras filed the complaint accusing the respondents of distributing campaign materials and food to residents during a political rally in Barangay Kansi, Tuburan on April 5, 2013.
The respondents filed a motion for reconsideration that sought to reverse the Comelec en banc resolution dated Oct. 16, 2014, but it was denied in December 2015.
In affirming the respondents’ indictment, Judge Montero ruled the latest motion filed by the accused contained a similar argument that had been raised in their previous pleading.