Comelec investigates Masbate poll executive over alleged failure to delist disqualified candidate

The Commission on Elections ordered an administrative investigation on Thursday on an election officer in Aroroy, Masbate over alleged failure to delete the name of a disqualified candidate from the certified list of candidates for the 2023 Barangay and Sangguniang Kabataan Elections.

Excerpt from the minutes of the executive session of the poll body on Wednesday revealed that on 25 October, Magdie Moran, Election Officer IV of Aroroy, Masbate, was instructed to carry out a resolution of the Commission on En Banc that revoked Aniano Pancho Capinig's certificate of candidacy for Punong Barangay of Barangay Cabas-an.

Comelec Second Division disqualified Capinig due to a previous conviction for violation of Section 31 of Republic Act No. 10591 or Illegal Possession of Firearms.

According to the Comelec Second Division resolution dated 9 October, which was cited by Comelec spokesperson Rex Laudiangco, Capinig's final judgement of conviction for which he was sentenced to an offense with a penalty of more than eighteen months, disqualifies him from being a candidate in the 2023 BSKE.

The Comelec's Law Department said that Moran "merely suspended his proclamation" and Capinig's name was not deleted, removed, or cancelled from the certified list of candidates.

Capinig won for Barangay chairman of Barangay Cabas-an during the 30 October BSKE.

The Comelec's law department added Capinig's name was administratively cancelled.

"It is undisputed that the Certificate of Candidacy of Mr. Capinig was administratively cancelled and his name should have been deleted/removed/cancelled in the Certified List of Candidates pursuant to Minute Resolution No. 23-0735," the Department said.

"However, EO Moran failed to implement the Resolution of the Commission En Banc and merely suspended the proclamation of Mr. Capinig despite having enough time to delete/remove/cancel his name in the Certified List of Candidates since this Department already sent via electronic mail the Notice of Implementation and Minute Resolution No. 23-0735 on 26 October 2023," the Department added.

The recommendation of the Law Department to have the Personnel Department look into Morans was approved by the Comelec En Banc.

In a message to reporters, Comelec chairman George Erwin Garcia said Moran may be removed from office due to gross insubordination.

The En Banc also approved the recommendation that the accumulated votes of Capinig for the 2023 BSKE be considered as "stray votes".

The candidate for the position of Punong Barangay of Barangay Cabas-an who garnered the next highest number of votes among the qualified candidates will also be proclaimed the winner.