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AT A GLANCE:
Section 261(e) of the Omnibus Election Code prohibits the use of threats, intimidation, or fraudulent means to influence voters. In this case, the Supreme Court upheld the disqualification of a vice-gubernatorial candidate after finding that he benefited from campaign materials produced using public property and pressured a government employee to support his campaign.
In the 2024 case of Gerardo “Jerry” Noveras vs. COMELEC and Narciso Dela Cruz Amansec, the Supreme Court upheld the disqualification of Noveras, who ran for vice governor of Aurora in the 2022 elections. Amansec, a registered voter, accused Noveras of using government resources for his campaign and coercing a government employee to participate in campaign activities, a violation of Section 261(e) of the Omnibus Election Code.
The Facts
On March 30, 2022, Narciso Amansec and his wife visited the Aurora Training Center (ATC), a government facility, to see a police officer friend. While walking through the compound, Amansec saw tarpaulins being printed for the campaigns of Jerry Noveras and his brother, Vice Governor Christian Noveras. Michael Tecuico, a casual employee of the Aurora provincial government, was operating the printer.
When Amansec questioned Tecuico about the use of public facilities for campaign purposes, Tecuico reacted aggressively and forced him out. Amansec later filed a police report and applied for a search warrant. On April 2, 2022, authorities executed said warrant and recovered a tarpaulin printer, inkjet printer, computer set and peripherals, semi-automatic eyelet machine, and 41 tarpaulins bearing campaign materials for Noveras and other candidates.
This then prompted Amansec to file a criminal complaint and a separate petition for disqualification. While the DOJ dismissed the criminal charge against Noveras under Section 261(o), the COMELEC focused on Section 261(e) for the disqualification.
COMELEC’s Findings
The COMELEC First Division ruled on July 10, 2023, that Noveras exercised moral and legal ascendancy over Tecuico. This means that as the sitting governor, Noveras had control over both the employee and the facility. COMELEC emphasized that Tecuico would not have used government resources to print campaign materials without pressure or instruction from someone in power.
The Commission found that the tarpaulin printing incident constituted a fraudulent scheme under Section 261(e), thus disqualifying Noveras. The ruling cited the unauthorized use of government property, the power dynamics between Noveras and Tecuico, and the clear participation in campaign activities.
As provided by Section 261(e) of the Omnibus Election Code, the following is prohibited:
“Any person who, directly or indirectly, threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon any person or persons or that of the immediate members of his family, his honor or property, or uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter, or the participation in a campaign or refraining or desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or omission therefrom.” (emphasis supplied)
The provision recognizes both coercion and fraud as grounds for disqualification, including acts that are done indirectly or through subordinates.
Application
COMELEC and the Supreme Court found that all elements of Section 261(e) were present:
- Fraudulent Scheme: Tecuico, a government employee, used government-owned printing equipment inside a government facility to produce campaign materials for Noveras.
- Inducement: As governor, Noveras exercised moral and legal ascendancy over Tecuico. He was responsible for Tecuico’s appointment and had control over the facility.
- Electoral Influence: The printed tarpaulins explicitly called on voters to support Noveras and his ticket, which constitutes participation in a campaign.
COMELEC emphasized that the coercion need not be direct. The law covers implied coercion, especially in employer-employee relationships within government, where employees may feel compelled to follow orders due to fear of termination or disciplinary action.
Source:
- DISSENTING OPINION
- Gerardo “Jerry” A. Noveras Vs. Commission on Elections and Narciso Dela Cruz Amansec
G.R. No. 268891 | October 22, 2024
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