The Commission on Elections (Comelec) has affirmed the decision of the First Division to disqualify Aurora Vice Gov. Gerardo "Jerry" A. Noveras after it denied the Motion for Reconsideration he filed.

In its decision it released Thursday, Sept. 7, dated Sept. 6, the Comelec en banc underscored its decision to resolve the case on its merits rather than on technicality.

Per Rule 23 of the Comelec Rules of Procedure, failure to appear by the petitioner or his counsel at the preliminary conference warrants the dismissal of the case. It is true that Narciso dela Cruz Amansec failed to appear at the preliminary conference scheduled on May 17, 2022.

"However, strict adherence to procedural rules should not operate to shackle the Commission's efforts to deter and punish the egregious disregard of prohibitions under our substantive electoral laws," Comelec said.

As to the material allegation that Noveras committed acts in violation of Section 261(e) of the Omnibus Election Code, the Comelec en banc ruled that he can be disqualified pursuant to Section 68 thereof "for the commission of a fraudulent scheme in indirectly compelling Mr. Tecuico to perform acts beyond the scope of his work in furtherance of his candidacy."

The Comelec en banc emphasized that the indirect acts of Tecuico can be directly imputed to Noveras, since "[t]he clear language of Section 261(e) of the OEC states that the prohibited act need to be proved to be undertaken by respondent directly."

It can be recalled that the First Division resolved to disqualify Noveras as a candidate after violating Section 261(d)(1) of the Omnibus Election Code (OEC), printing campaign materials using government property within government premises in relation to the May 2022 polls.

In the resolution promulgated on July 10, 2023, the First Division stated that the respondent Noveras falls "squarely" under the prohibition in Section 261(d)(1). Noveras who was then governor, gunned for the vice gubernatorial post and was elected.

According to the resolution, a review of the evidence interweaved with the claims of the petitioner that there had been multiple violations of the OEC, wherein the respondent held an undue advantage of his elective post as then governor of the province by making use of the properties owned by the government and coercing, compelling and influencing his subordinates to advance his campaign for the May 2022 polls.

The First Division found that the respondent indeed coerced and/or influenced Michael Tecuico, a casual plantilla worker of the Provincial Capital of Aurora, to perform acts to aid his candidacy, including the printing of campaign materials for Noveras using government properties and within government premises.

"Tecuico's act of printing campaign materials can reasonably be seen as a result of [Noveras'] influence of compulsion, given their respective positions within the government," the resolution read.