The Commission on Elections (Comelec) Second Division has granted the petition to disqualify former Palawan governor Mario Joel Reyes as a candidate despite losing in the May 2022 polls.
In its 15-page ruling, dated Jan. 5, 2023, the Second Division found that Reyes is an escaped prisoner and a fugitive from justice in connection with the charge against him for the crime of murder of broadcaster and environmentalist Gerry Ortega.
The Second Division took judicial notice of Reyes' "intent to evade" the prosecution of the criminal charge.
Even with his defeat, the Second Division deemed it proper not to simply treat the case as moot and academic, citing that "the Supreme Court emphasized that a disqualification case still presents a justiciable issue which the Comelec should resolve instead of merely declaring that the disqualification case has become moot and academic.
Petitioners Nasir Radjudin Miranda and Mohammad Vinarao Asgali sought Reyes' disqualification on two grounds: first, his prior conviction by the Sandiganbayan under Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, and second, his being a fugitive from justice under Section 40 (e) of R.A. No. 7160 or the Local Government Code of 1991.
According to the ruling, the Court of Appeals dismissed and subsequently reinstated the murder case against Reyes, and directed the Regional Trial Court (RTC) of Palawan to issue a warrant of arrest against him.
The Second Division added that Reyes' act of fleeing to another country and evading his arrest after indictment constitute an"intent to evade" which cannot be cured by the Temporary Restraining Order (TRO) which he later on secured from the Supreme Court.
Meanwhile, the Comelec Second Division said that Reyes may not be disqualified on the basis of his prior conviction by the Sandiganbayan under Section 3(e) of R.A. No. 3019.
It said that due to the pendency of the Motion for Reconsideration and Urgent Reiterative Omnibus Motion filed by Reyes, the judgment against him in G.R. No. 237172 has not yet attained finality and thus, the accessory penalty of perpetual disqualification to hold public office will not set in.