Osmeña says perpetual disqualification case against him should be dismissed
Published Nov 26, 2018 07:17 pm
By Leslie Ann Aquino
Former senator Serge Osmeña said the perpetual disqualification case filed against him should be dismissed.
Former Senator Sergio Osmeña III
(ALVIN KASIBAN / MANILA BULLETIN) In his answer which he filed at the Commission on Elections, Osmeña denied the allegation that he failed to file his Statement of Contributions and Expenditures (SOCE) in connection with the 2010 and 2016 polls. "The truth being was that the respondent was able to file his 2010 SOCE, through late filing thereof, beyond the 30 days after the May 10, 2010 elections, which was accepted by the Comelec," said Osmeña. Having proved that the respondent was able to file his 2010 SOCE, he said the instant petition must be dismissed considering there is no ‘second or subsequent offense’ of failure to file SOCE to speak of. Section 14 of Republic Act 7166 requires the filing of SOCE, and failure to do so prohibits winning candidates from entering upon the duties of their office until they have complied. The commission of a second or subsequent failure to file the SOCE subjects the offender to perpetual disqualification to hold public office. With regard to his 2016 SOCE, the former senator admitted that he failed to file his SOCE within the period required by law. "However, a request for extension of the period to file the subject SOCE was filed before the Honorable Commission under date of June 10, 2016 to which the then chairman of the Honorable Commission responded, thru a letter dated June 13, 2016, that the respondent's request had been referred to the Commission en banc for disposition," said Osmeña. But, he said the en banc has yet to resolve said request or notify him of its resolution. "Premises considered, it is respectfully prayed that the Commission issue an order dismissing the petition, thereby allowing respondent to run for senator in the forthcoming elections,” Osmeña said. To note, 460 individuals are facing perpetual disqualification cases for failing to submit their SOCE twice which include Osmeña.
Former Senator Sergio Osmeña III(ALVIN KASIBAN / MANILA BULLETIN) In his answer which he filed at the Commission on Elections, Osmeña denied the allegation that he failed to file his Statement of Contributions and Expenditures (SOCE) in connection with the 2010 and 2016 polls. "The truth being was that the respondent was able to file his 2010 SOCE, through late filing thereof, beyond the 30 days after the May 10, 2010 elections, which was accepted by the Comelec," said Osmeña. Having proved that the respondent was able to file his 2010 SOCE, he said the instant petition must be dismissed considering there is no ‘second or subsequent offense’ of failure to file SOCE to speak of. Section 14 of Republic Act 7166 requires the filing of SOCE, and failure to do so prohibits winning candidates from entering upon the duties of their office until they have complied. The commission of a second or subsequent failure to file the SOCE subjects the offender to perpetual disqualification to hold public office. With regard to his 2016 SOCE, the former senator admitted that he failed to file his SOCE within the period required by law. "However, a request for extension of the period to file the subject SOCE was filed before the Honorable Commission under date of June 10, 2016 to which the then chairman of the Honorable Commission responded, thru a letter dated June 13, 2016, that the respondent's request had been referred to the Commission en banc for disposition," said Osmeña. But, he said the en banc has yet to resolve said request or notify him of its resolution. "Premises considered, it is respectfully prayed that the Commission issue an order dismissing the petition, thereby allowing respondent to run for senator in the forthcoming elections,” Osmeña said. To note, 460 individuals are facing perpetual disqualification cases for failing to submit their SOCE twice which include Osmeña.