SAN JOSE, Antique, (PNA) — Governor Exequiel Javier is seeking a reconsideration from the Commission on Elections (Comelec) regarding its order to file criminal charges against him for committing an election offense.
The Comelec en banc, headed by Chairman Sixto Brillantes Jr., found a probable cause to indict him with his issuance of a suspension order against Valderrama Mayor Mary Joyce Roquero on Jan. 23, 2013.
Board Member Jose Tobias Javier, a lawyer and nephew of the governor, said they will file a motion for reconsideration because they believe there is still a question of law which has not been settled.
“We would need only four votes to have this case quashed by the Comelec,” Board Member Javier said in an interview.
The Comelec en banc, in a unanimous decision promulgated on Sept. 3, 2103, affirmed the findings of its law department, establishing probable cause against Governor Javier for violating the ban on suspension of elected officials during the election period.
The five-page order was signed by Brillantes and the six commissioners namely Lucenito Tagle, Elias Yusoph, Christian Robert Lim, Ma. Gracia Cielo Padaca, Al Parreño, and Luie Tito Guia. It orders the Law Department to appropriate information with the court for violation of Section 261 (x) of the Omnibus Election Code.
In January, Javier issued Executive Order No. 003, Series of 2013 placing Roquero “under preventive suspension for 30 days upon receipt thereof, subject to the provision of Sec. 62 (c) after he (Gov. Javier) received a recommendation from the Sangguniang Panlalawigan to preventively suspend Roquero in relation to the administrative case filed against her by Vice Mayor Christopher Maguad before the SP.”
Roquero is the wife of former Philippine Charity Sweepstakes Office Director Raymundo Roquero, who ran for Antique congressman against incumbent Rep. Paolo Javier, the governor’s son.
The Valderrama mayor filed a complaint with the Comelec believing that Javier violated the 90-day election ban on suspension of local elective officials under the Omnibus Election Code.