Is Mike Rama’s candidacy nonetheless legitimate after the Ombudsman ruling?

CEBU CITY, Philippines – Following the Ombudsman’s ruling disqualifying Mayor Michael Rama from public workplace, many Cebuanos are asking: Is his candidacy for re-election nonetheless legitimate?

Cebu Metropolis is abuzz with questions in regards to the standing of preventively suspended Mayor Michael Rama’s candidacy after the Ombudsman completely disqualified him from holding any authorities place.

The choice, issued on September 9, 2024, comes within the wake of Rama’s involvement in a nepotism case, the place he was discovered responsible of appointing his spouse’s two brothers to positions in Metropolis Corridor, violating Civil Service guidelines.

The ruling, which incorporates his dismissal from service, cancellation of eligibility, forfeiture of retirement advantages, and everlasting disqualification from authorities employment, was made public on October 3—the identical day Rama formally filed his certificates of candidacy (CoC) for re-election.

This sequence of occasions has left many confused, questioning whether or not Rama’s candidacy remains to be legitimate regardless of his disqualification from workplace.

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Candidacy stays respectable, except and till…

In line with Lawyer Francisco Pobe, the regional director of the Fee on Elections (Comelec) Central Visayas, Rama’s candidacy stays respectable—for now. The identical applies to suspended Mayor Jonas Cortes.

“Nicely, on the a part of Mayor Mike Rama or Jonas Cortes, they have already got filed his CoC. From Comelec’s perspective, their candidacy is legitimate except we obtain a proper advisory from our central workplace in Manila,” Pobe defined.

He clarified that till a ultimate ruling or order is issued, Rama’s candidacy stands, because the regional workplace has not obtained any official communication concerning his standing.

Pobe defined that Comelec is duty-bound to simply accept all CoCs, even when a candidate faces authorized points or disqualification rulings.

“As a part of our ministerial responsibility, Comelec is required to simply accept the CoC of any aspirant working for public workplace except there’s a clear authorized foundation to reject it, resembling a lacking notary or different formal defects,” he mentioned.

“However points like disqualification shall be determined by our central workplace in Manila,” he added.

In Rama’s case, whereas the Ombudsman has already issued a ruling of perpetual disqualification, Pobe famous that the official willpower of his eligibility lies with the Comelec en banc in Manila.

In Rama’s case, whereas the Ombudsman has already issued a ruling of perpetual disqualification, Pobe famous that the official willpower of his eligibility lies with the Comelec en banc in Manila.

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The central workplace will evaluate all filed CoCs after the deadline for submission and make suggestions on whether or not a candidate’s title will seem on the poll.

“The Manila fee en banc shall be liable for figuring out whether or not his candidacy shall be canceled or disqualified, however as of now, Rama can proceed his marketing campaign actions,” Pobe mentioned.

Which means that except an official advisory from Manila is launched, Rama’s title may nonetheless seem on the poll come election day.

The problem of nepotism surrounding Rama stemmed from a criticism filed in January 2023 by Jonel Saceda, also called “Inday Josa Chiongbian Osmeña,” who accused the mayor of hiring his brothers-in-law, Elmer and Gomer Mandanat, as informal staff beneath his workplace and the Cebu Metropolis Medical Heart. These appointments had been deemed “prohibited nepotistic appointments” by the Ombudsman.

In line with Pobe, disqualification instances usually are not new, and candidates usually search remedial measures to guard their pursuits. He additionally identified {that a} candidate can solely be formally disqualified as soon as the central Comelec workplace declares so, following a radical evaluate and authorized proceedings.

“Even when there’s a ruling of perpetual disqualification, the Comelec has to observe due course of earlier than eradicating a candidate from the listing,” he confused.

In the meantime, Rama is allowed to proceed along with his marketing campaign as scheduled.

Aguinaldo Doctrine

Whereas the Aguinaldo Doctrine, which condones administrative instances in opposition to elected officers after they win an election, might have supplied some safety for Rama prior to now, Pobe clarified that it applies solely to administrative instances, not prison ones.

The Aguinaldo Doctrine is related in instances of administrative misconduct, resembling gross negligence or failure to carry out official duties, the place an official might have been absent or obtained pay with out really rendering providers.

In line with the doctrine, if the official is subsequently re-elected, the general public’s vote is interpreted as a type of forgiveness, successfully condoning their prior actions. This means that the voters has chosen to miss the official’s earlier infractions, probably resulting in the dismissal of the executive case.

The doctrine takes its title from the 1959 Supreme Court docket case Pascual v. Provincial Board of Nueva Ecija, the place it was first launched. On this case, the Court docket dominated that for the reason that public had re-elected Governor Pedro Aguinaldo, his earlier administrative infractions had been deemed forgiven, and any administrative liabilities had been erased.

Some of the notable figures to profit from the Aguinaldo Doctrine was Jejomar Binay, the previous Vice President of the Philippines. Because the Mayor of Makati, he confronted numerous administrative expenses for alleged irregularities in authorities contracts. As a result of his successive re-elections, the executive instances in opposition to him had been dismissed beneath this doctrine.

Nonetheless, the Aguinaldo Doctrine, also called the doctrine of condonation, has been deserted following the Supreme Court docket ruling in Ombudsman Carpio-Morales vs. Court docket of Appeals in 2016. Nonetheless, regardless of its abandonment, the condonation doctrine can nonetheless apply to pending administrative instances supplied that the re-election occurred earlier than the abandonment.

If the Comelec en banc upholds the disqualification ruling, Rama’s candidacy may nonetheless be nullified regardless of his ongoing marketing campaign actions.

For now, the residents of Cebu Metropolis are left to observe and anticipate additional developments, because the clock ticks nearer to the 2024 elections. Whether or not or not Rama’s title will seem on the poll stays to be seen, however one factor is obvious: his political future is on shaky floor. /clorenciana

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