Cited Laws
TL;DR — Ruling
In view of the foregoing disquisitions, it is evident that [Ejercito] committed an election offense as provided for under Section 35 of COMELEC Resolution No. 9615, which provides and I quote: “Election Offense. – Any violation of R.
Accordingly, a candidate for the position of Provincial Governor of Laguna is only authorized to incur an election expense amounting to FOUR MILLION FIVE HUNDRED SEVENTY-SIX THOUSAND FIVE HUNDRED SIXTY-SIX (P4,576,566.00) PESOS. 12. However, in total disregard and violation of the afore-quoted provision of law, [Ejercito] exceeded his expenditures in relation to his campaign for the 2013 election. For television campaign commercials alone, [Ejercito] already spent the sum of PhP23,730.784 based on our partys official monitoring on the following dates[:] April 28, May 4 & May 5, 2013. Network Date Program Time Duration Amount* ABS-CBN April 28, 2013 TV Patrol 5:58 p.m. 4 minutes (approximately) P3,297,496 ABS-CBN April 28, 2013 Sundays Best (local specials) 10:40 p.m. 4 minutes (approximately) P3,297,496 GMA April 28, 2013 Sunday Night Box Office 10:46 p.m. 3 minutes (approximately) P2,635,200 GMA April 28, 2013 Sunday Night Box Office 11:06 p.m. 4 minutes (approximately) P2,635,200 GMA April 28, 2013 Sunday Night Box Office 11:18 p.m. 4 minutes (approximately) P2,635,200 GMA April 28, 2013 Sunday Night Box Office 11:47 p.m. 4 minutes (approximately) P2,635,200 ABS-CBN May 4, 2013 TODA MAX 11:26 p.m. 4 minutes (approximately) P3,297,496 ABS-CBN May 5, 2013 Rated K 8:06 p.m. 4 minutes (approximately) P3,297,496 Total P23,730.784 * Total cost based on published rate card; 13. Even assuming that [Ejercito] was given 30% discount as prescribed under the Fair Election Act, he still exceeded in the total allowable expenditures for which he paid the sum of P16,611,549; 14. In view of the foregoing disquisitions, it is evident that [Ejercito] committed an election offense as provided for under Section 35 of COMELEC Resolution No. 9615, which provides and I quote: Election Offense. Any violation of R.A. No. 9006 and these Rules shall constitute an election offense punishable under the first and second paragraph of Section 264 of the Omnibus Election Code in addition to administrative liability, whenever applicable. x x x 15. Moreover, it is crystal clear that [Ejercito] violated Sec. 68 of the Omnibus Election Code which provides and I quote: Sec. 68. Disqualifications. Any candidate who, in an action or protest in which he is a party is declared by final decision by a competent court guilty of, or found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code ; (d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86, and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent re