Suspension necessitated from decisions by Comelec (Commission on Elections)
Governor Gwen Garcia's suspension, slapped just a couple of weeks before the May 12 midterm elections, is facing a legal hurdle. According to Comelec Chair George Garcia in an interview with dzRH, such suspensions imposed during the 45-day campaign period can't be implemented without approval from the Commission on Elections.
However, there's an exception: suspensions enforced by the Office of the Ombudsman related to the Anti-Graft and Corrupt Practices Act (RA 3019) don't require prior Comelec permission. The Commission, on the other hand, requires the Ombudsman to request an exemption if the suspension isn't due to allegations of graft.
Garcia's lawyers argue that, according to Section 261 of the Omnibus Election Code, the Comelec must first authorize suspensions of elective officials during the campaign period for them to be valid.
The governor's legal team, consisting of Attorney Alex Avisado Jr., Capitol Environmental Concern Consultant Ben Cabrido, and Legal Consultant Rory Jone Sepulveda, contend that the Office of the Ombudsman didn't adhere to the rules in suspending Garcia while she was still at the capitol and dealing with questions from the Ombudsman.
Under the Omnibus Election Code, violations of this rule are considered election offenses, which can lead to imprisonment of 1–6 years and disqualification from public office[5]. The Commission's authority takes precedence over other agencies during the campaign period to maintain the integrity of the elections, even when it comes to graft-related suspensions[2][5].
To avoid committing an election offense, the Ombudsman must coordinate with the Comelec to enforce any suspension during the campaign period[1][2].
- The current suspension of Governor Gwen Garcia, imposed close to the May 12 midterm elections, is encountering a legal obstacle due to the 45-day campaign period.
- As stated by Comelec Chair George Garcia, suspensions during the campaign period cannot be implemented without approval from the Commission on Elections, unless they are enforced by the Office of the Ombudsman due to the Anti-Graft and Corrupt Practices Act.
- Garcia's legal team argues that the Comelec's approval is necessary for suspensions of elective officials during the campaign period to be valid, as stated in Section 261 of the Omnibus Election Code.
- The Ombudsman's failure to follow these rules in suspending Garcia while she was still at the capitol, dealing with questions from the Ombudsman, may lead to violations of the Omnibus Election Code, which can result in imprisonment of 1–6 years and disqualification from public office.
- To prevent committing an election offense, the Ombudsman must collaborate with the Comelec to execute any suspension during the campaign period, according to both the Omnibus Election Code and Commission authority, which prioritizes election integrity during this period.
