Comelec disqualifies Mamba as Cagayan governor

MANILA – The Commission on Elections (Comelec) has disqualified Manuel Mamba as governor of Cagayan province in relation to the 2022 National and Local Elections (NLE).

In a decision released on April 24, 2024, the Comelec First Division disqualified Mamba for violation of Sections 2 and 13 of Resolution No. 10747 in relation to Section 261(v) of the Omnibus Election Code (OEC), which prohibits the release, disbursement, or expenditure of public funds for any and all kinds of public works from March 25, 2022 until May 8, 2022.

The ruling also declared the office of the Governor of Cagayan as vacant, and will be automatically filled by the Vice-Governor in accordance with the law on succession.

In a statement, the poll body noted that "Mamba is incorrect in claiming that the prohibition does not extend to local government units."

"This prohibition aims to prevent the use of public funds for campaign purposes, and it serves a deterrent effect on incumbent public officials having control and access to public funds from using the same in furtherance of their own political interests."

"Furthermore, the ban clearly covers ongoing infrastructure programs. Section 2 of Resolution No. 10747 enumerates the programs, projects and activities (PPAs) which are exempt from the ban, and ongoing social welfare projects are not included in the list. No Certificate of Exemption was secured from the Comelec for the continued implementation of the subject PPAs during the 45-day prohibition period," it said.

The Comelec said violation of this prohibition is a ground for Mamba's disqualification as gubernatorial candidate in the 2022 NLE under Section 68 of the OEC.

The Commission further stated that "Comelec and San Luis (GR No. 212398), authorizes COMELEC to hear and decide disqualification cases on the basis of violating said provision."

However, the decision stated that Mamba may not be held liable for allegedly violating Sec. 7(c) of Resolution No. 10730 since a violation thereof is not a proper ground in a Petition for Disqualification under the law.

"Neither may he be disqualified on the ground that he violated Sec. 68(1) of the OEC, for insufficiency of the evidence submitted in relation thereto. The source of the election paraphernalia bearing his name and containing P1,000 bill could not be verified, thus, his culpability therefore cannot be established," it explained.

Petitioner Victorio Casauay filed separate disqualification cases against Manuel Mamba, Mabel Mamba, and Francisco Mamba III as candidates for Governor, Vice-Governor, and Representative of the 3rd District of Cagayan in the 2022 NLE, respectively.

He alleged that they used public funds in providing financial aid, scholarship grants, and various transport vehicles to their constituents during the 45-day prohibition period, in violation of election law and resolutions.

The Comelec noted that there being no justiciable controversy that remains with respect to Mabel Mamba and Francisco Mamba III who lost their candidacies in the 2022 polls, the Petitions for Disqualification against them were dismissed for being moot. (PNA)