TWO candidates in Cebu may not be proclaimed if they win the Barangay and Sangguniang Kabataan Elections (BSKE) on Monday, Oct. 30, 2023.
They are Maguikay Barangay Captain Eduardo Gumera in Mandaue City and Valladolid Barangay Captain Anthony John Apura in Carcar City
The Commission on Elections (Comelec) issued an omnibus order, dated Wednesday, Oct. 25, with a list of candidates, all running for barangay captain, who have pending administrative charges and complaints for disqualification.
If their cases remain unresolved by final judgment on the day of the elections, and they win, the Commission En Banc may suspend their proclamation provided that the evidence against them is strong.
According to the order, Gumera was found guilty of an attempt to commit child prostitution under Section 6 of Republic Act 7610, or the Special Protection of Children against Abuse, Exploitation and Discrimination Act, while Apura was convicted as an accomplice to the crime of murder.
Gumera was accused of molesting a 15-year-old girl in August 2022, while Apura and his fraternity brother in Alpha Kappa Rho Sherwin Que were found guilty of killing 19-year-old business management student Mark James Enriquez in 2003.
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In phone interviews with SunStar Cebu on Saturday, Oct. 28, both Gumera and Apura said the proclamation suspension order and the complaints for disqualification they received were just “political schemes” by their contenders.
The two candidates said they are not affected by the decision and will continue to pursue their election plans, assuring they will not disappoint their supporters.
Gumera also denied having cases or being convicted of child prostitution.
Apura, on the other hand, said his murder case is on appeal before the Supreme Court and has not been declared final and executory, stressing it could not be a valid ground for disqualification.
They said they are still waiting for a notice to explain from the Comelec against their disqualification complaints.
Lawyer Anna Fleur Gujilde, election officer head of Comelec Mandaue, explained that winning BSKE candidates who are facing a proclamation suspension have to wait for the Comelec En Banc to resolve their disqualification petitions before they can assume office.
Comelec Chairman George Erwin Garcia said the target of the Comelec’s First and Second Division is to come up with the final list of decided disqualification cases at least two weeks after the elections so winning candidates can immediately take over their duties.
The Comelec said that if, by chance, a winning barangay captain or SK chairman candidate is disqualified, the first councilor will take the succession, and the second to seventh councilor will move to fill in the vacant positions.
The remaining empty positions will be appointed by the city mayor based on the recommendation of the barangay and SK governing body.
Garcia said candidates who are disqualified for violation of elections laws, such as early campaigning and voting, among others, will be perpetually banned from seeking elective positions.
Candidates found guilty of vote buying, he said, will be punished with disqualification and one to six years imprisonment.