By NITZ ARANCON
Correspondent
THE Commission on Elections (Comelec) has dismissed the petition for disqualification filed by former Taglimao barangay chairman William Guialani against Mayor Oscar Moreno.
In a Sept. 29 resolution, a copy of which was secured by this paper yesterday, the 1sy Division of the Comelec did not find merit in Guialani’s petition.
“After a careful consideration of the facts of this case, as well as the law and jurisprudence applicable hereto, we deny the instant petition,” reads part of the four-page decision signed by Comelec Commissioners Christian Robert Lim, Luie Tito Guia and Ma. Rowena Amella Guanzon.
Guialani sought the disqualification of Moreno on the basis of the Office of the Ombudsman’s decision to dismiss and bar Moreno from public office for life for grave misconduct.
He argued that Moreno was not qualified to seek reelection in the May election because the ombudsman ordered him dismissed and perpetually disqualified from government on Aug. 14, 2015.
The grave misconduct case was filed by Guialani because of a 2013 court-sanctioned tax settlement between city hall and Ajinomoto Philippines Inc.. He said the agreement was made without the green light of the city council.
The Comelec decision came before the Oct. 13 ruling of the Court of Appeals (CA) that trashed Guialani’s grave misconduct case against Moreno and reversed the ombudsman’s decision.
In its decision, the Comelec division agreed with Moreno that he cannot be considered disqualified as a candidate for mayor because the ombudsman’s August 2015 ruling was not final and executory. The case was on appeal at that time.
The Comelec commissioners said Guialani was wrong to cite Section 40(b) of Republic Act 7160 in his assertion that Moreno should be disqualified because the ombudsman’s ruling was not final.
The provision basically states that those removed from office as a result of an administrative case are disqualified to run for office.
The commissioners said the provision would only apply if there was a final decision on the administrative case.
“There being no showing that the Ombudsman decision is a final and executory in the administrative case against respondent, the instant Petition must fail,” reads part of the Comelec decision
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