Ex-Loboc mayoralty candidate off the hook over overspending raps

The Supreme Court has dismissed an election overspending case against a former mayoral candidate, ruling that the Commission on Elections (Comelec) violated his constitutional right to the speedy disposition of his case through a six-year delay.

In a decision written by Associate Justice Ricardo R. Rosario, the high court nullified a Comelec resolution that found probable cause to charge Petronilo Solomon Sarigumba with violating the Omnibus Election Code.

Sarigumba, who lost the 2010 mayoral race in Loboc, Bohol, filed his Statement of Election Contributions and Expenditures (SoCE) a month after the election. It was not until four years later, in 2014, that the Comelec Campaign Finance Unit flagged him for alleged overspending.

According to court records, Sarigumba was directed to file a counter-affidavit by 11 July 2015. He failed to do so, yet the Comelec did not issue a resolution on the matter until six years later.

The poll body argued that its 20-day limit for preliminary investigations only begins after a respondent submits a counter-affidavit. It further claimed Sarigumba waived his right to a speedy trial by failing to participate in the proceedings or raise the issue sooner.