SAN JOSE, Antique – The Regional Trial Court (RTC) here found former governor Exequiel Javier guilty beyond reasonable doubt of violating the Omnibus Election Code and sentenced him to a maximum of three years of imprisonment. It also disqualified him from holding public office and barred him from exercising his right of suffrage.
Judge Ernesto Abijay Jr. of RTC Branch 10 convicted Javier for violation of Section 261 (x) of the Omnibus Election Code. This provision prohibits the suspension of any elective official during the election period without the approval of the Commission on Elections (Comelec) or unless the suspension is related to graft and corruption.
On Jan. 23, 2013 Javier suspended Mayor Mary Joyce Roquero of Valderrama, Antique for 30 days in relation to an administrative case filed by then Valderrama vice mayor Christopher Maguad.
It was within the election period for the May 2013 elections which started on Jan. 13 and ended on June 12.
Javier enforced a resolution of the Sangguniang Panlalawigan that meted out the suspension of Roquero.
Maguad, an ally of Javier, filed an administrative case against Roquero for allegedly failing to implement a municipal zoning ordinance (Zoning Ordinance No. 003-2003) banning the construction of gasoline and water refilling stations less than 100 meters away from churches and other public buildings, and for alleged violation of the Code of Conduct and Ethical Standards for Public Officials and Employees.
But Roquero disputed the allegations, saying the ordinance did not take effect because it was not published in a newspaper of general circulation, as required by law.
Following her suspension, Roque hauled Javier to court. Comelec took over the prosecution. In a five-page resolution promulgated on Sept. 3, 2013 the Comelec en banc found probable cause to try Javier for an election offense [violation of Section 261 (x) of the Omnibus Election Code].
In a statement following his indictment that month, Javier, a lawyer, said he was ready to bring the case to the Supreme Court. He insisted on the legality of his order suspending Roquero. He said the suspension order was consistent with provisions of the Local Government Code, which, he said, should take precedence over “inconsistencies” in the election code. The Comelec, however, said Javier’s interpretation of the two laws was “misplaced.”
In his sentence on Javier, Judge Abilay stated that the former governor’s imprisonment “shall not be subject to probation.”
According to Roquero’s legal counsel Eduardo Fortaleza, Javier could still file a motion for reconsideration within 15 days, and appeal the verdict to the Court of Appeals and the Supreme Court.
If the verdict is “not in its finality yet”, said Fortaleza, Javier could thus still file a certificate of candidacy should he remain interested to participate in elections./PN
