The Commission on Elections (Comelec) has denied the appeal of Aurora Vice Governor Gerardo “Jerry” Noveras over the poll body’s disqualification ruling on the provincial official during the 2022 National and Local Elections (NLE).

In its ruling dated September 6, the Comelec en banc reaffirmed the First Division’s ruling to disqualify Noveras for using undue advantage to use government resources for his campaign materials.

“Respondent Gerardo ‘Jerry’ Noveras is hereby declared disqualified from running for the Vice-gubernatorial position of the province of Aurora on May 9, 2022, National and Local Elections,” the resolution read.

The en banc said it junked Noveras’ motion for reconsideration based on “merits rather than technicality.”

This is despite the failure of the petitioner, Narciso dela Cruz Amansec, to appear at the preliminary conference on May 17, 2022.

“Per Rule 23 of the Comelec Rules of Procedure, failure to appear by the Petitioner or his counsel at the preliminary conference warrants the dismissal of the case,” the Comelec said.

“However, strict adherence to procedural rules should not operate to shackle the Commission’s efforts to deter and punish the egregious disregard of prohibitions under our substantive electoral laws,” it added.

Amansec, Noveras’ lone rival for the position, filed the petition in April 2022 after claiming to have witnessed “the actual printing of (Noveras’) tarpaulin and campaign materials” at the Aurora Training Center (ATC) Compound.

In July this year, the Comelec First Division ordered Noveras disqualified for asking casual employee Michael Tecuico to print his campaign materials “using a printer found in government premises and the act of printing the materials was conducted within the premises of a government-owned compound.”

In its ruling, the Comelec en banc cited Section 261(e) of the election code – which prohibits any person from using a fraudulent device in campaigns – to justify Noveras’ disqualification.

The en banc said Noveras committed a fraudulent scheme when Tecuico was assigned to print campaign materials within the ATC; the fraudulent scheme could be considered coercion because Noveras, who was governor at that time, had direct authority over the casual employee and the provincial property; and the printing of campaign materials is an evident form of campaigning.

Following the ruling, Noveras may still proceed to the Supreme Court to seek an order to prevent the Comelec from unseating him. (PNA)

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