By Miriam G. Desacada
Tacloban City–A motion to suspend the proclamation of Leyte 4th district Representative Richard Gomez had been filed before the Comelec, five days before election day, for alleged violation of Section 261(e) of the Omnibus Election Code (OEC) in relation to Comelec Resolution 11116 prohibiting unlawful labeling against another candidate.
Petitioner Jose Basmayor Yap cited in his plea that Gomez, during a campaign rally on April 4 at “Brgy. Tabunok, Leyte” told the crowd that his opponent, Vicente “Ching” Veloso, is a drug protector.
Yap said that Gomez also showed as his proof a news video from TV4 where Ching got mentioned as being on the government’s drug watch list, and then showed to the crowd also a tarp poster where Ching was accompanied by people who he said were drug protectors.
“Gusto nyo ba na yung congressman niyo ay drug protector (who always come with drug lords)?” Gomez taunted the rally crowd on what kind of person Ching was. Ching is Gomez opponent in his reelection bid for a congressional seat of the 4th district of Leyte.
Yap argued that Gomez, due to this unlawful public tagging of his opponent Ching as a drug personality, shall be disqualified and that, while the disqualification is still unresolved by final judgment on the day of the elections, a proclamation by the Comelec in case he wins shall be suspended first.
Yap cited the law that if a candidate is not declared disqualified before an election yet wins the election eventually, Comelec shall continue with the trial on the disqualification case but, during the pendency, may order the suspension of the proclamation of the winning candidate.
Yap contended that the Comelec may suspend the proclamation of the winning candidate, especially if the evidence of his guilt in the disqualification case is strong. Yap said that Gomez was proven to have violated the OEC when he told the crowd that Ching was a drug protector who should not be voted.
Citing this violation of electoral laws, Yap’s counsels asked the Comelec on May 14, two days after the election, to suspend the proclamation of Gomez who garnered the most number of votes in the elections pending resolution of the disqualification move against him.
However, with Gomez already proclaimed the winner by the board of canvassers as the reelected congressman of the 4th district, the public are now eager to know what would be the Comelec’s decision on this case. —-Miriam G. Desacada