The Commission on Elections (Comelec) once again disqualified Cagayan Governor Manuel Mamba for the position he won in the 9 May 2022 elections.
In a decision released on 24 April, the poll body's First Division disqualified Mamba for violation of Sections 2 and 13 of Resolution No. 10747 in relation to Section 261 (v) of the Omnibus Election Code (OEC), which prohibits the release, disbursement, or expenditure of public funds for any and all kinds of public works from 25 March 2022 until 8 May 2022.
"Mamba is incorrect in claiming that the prohibition does not extend to local government units," Comelec Spokesperson Atty. John Rex Laudiangco said.
"This prohibition aims to prevent the use of public funds for campaign purposes, and it serves a deterrent effect on incumbent public officials having control and access to public funds from using the same in furtherance of their own political interests," Laudiangco noted.
The poll body furthered that the ban clearly covers ongoing infrastructure programs.
Section 2 of Resolution No. 10747 enumerates the programs, projects, and activities (PPAs) that are exempt from the ban, and ongoing social welfare projects are not included in the list.
No Certificate of Exemption was secured from the Comelec from the continued implementation of the subject PPAs during the 45-day prohibition period, according to Laudiangco.
Moreover, the violation of the said prohibition is a ground for Mamba's disqualification as gubernatorial candidate in the 2022 national and local elections (NLE) under Section 68 of the Omnibus Election Code.
Lawyer Victorio Casauay also filed separate Petitions for Disqualifications against Mamba, Mabel Mamba, and Francisco Mamba III as candidates for Governor, Vice-Governor, and Representative of the 3rd District of Cagayan in the 2022 NLE, respectively.
Casauay alleged that they used public funds in providing financial aid, scholarship grants, and various transport vehicles to their constituents during the 45-day prohibition period, in violation of election law and resolutions.
"The office of Governor of Cagayan has been declared vacant, and will be automatically filled by the Vice-Governor in accordance with the law on succession," Laudiangco noted.
On 16 April, the Supreme Court en banc, in a decision penned by Associate Justice Jhosep Lopez, granted the petition for certiorari by Ma. Zarah Rose de Guzman-Lara challenging the Comelec en banc's dismissal of her petition to disqualify Mamba from the May 2022 local elections.
It also remanded the case to Comelec en banc for proper disposition of De Guzman-Lara's petition for disqualification against Mamba.
De Guzman-Lara and Mamba were candidates for the position of governor of Cagayan.
On 10 May 2022, De Guzman-Lara filed through email a petition to disqualify Mamba on the grounds of massive vote buying and unlawful disbursement of public funds.
On 11 May 2022, the Provincial Board of Canvassers proclaimed Mamba as the duly elected governor of Cagayan after garnering the highest number of votes.
The Comelec's Second Division, however, subsequently issued a Resolution on 14 December 2022, disqualifying Mamba after finding substantial evidence that Mamba violated Section 261 (v) of the Omnibus Election Code, which prohibits unauthorized release, disbursement, or expenditure of public funds during the campaign period.
This was reversed by the Comelec en banc, which dismissed De Guzman-Lara's petition to disqualify Mamba for being filed out of time.
