Manila

EN BANC

[ G.R. No. 268891, October 22, 2024 ]

GERARDO "JERRY" A. NOVERAS, PETITIONER, VS. COMMISSION ON ELECTIONS AND NARCISO DELA
CRUZ AMANSEC, RESPONDENTS.

DECISION

GAERLAN, J.:

This is a petition for certiorari1 against the July 10, 2023 Resolution2 of the Commission on Elections
(COMELEC) First Division and the September 6, 2023 Resolution3 of the COMELEC En Banc in SPA No. 22-048
(DC).

On October 6, 2021, petitioner Gerardo "Jerry" A. Noveras (Noveras) filed a certificate of candidacy (COC) for
the position of Vice-Governor of the province of Aurora in the May 9, 2022 general elections. At that time, Noveras
was the incumbent governor of Aurora.

In the late afternoon of March 30, 2022, respondent Narciso Dela Cruz Amansec (Amansec) and his wife went to
the Aurora Training Center (ATC) compound to visit a police officer friend who was stationed there. While walking
towards the compound, which hosted facilities of the provincial government, Amansec saw a tarpaulin with a certain
image and red background. When Amansec moved closer to the premises, he saw the same image and background
being printed on tarpaulin sheets, which turned out to be materials for Noveras's vice-gubernatorial campaign.
Amansec also discovered that the tarpaulin printing machine was being run by Michael Tecuico (Tecuico), a casual
employee of the Aurora Local Government Unit (LGU). Amansec approached Tecuico and asked him to explain why
Noveras's campaign materials were being printed on LGU premises. Amansec claimed that Tecuico got angry and
defensive at the inquiry and forcibly removed him from the premises. Amansec thus filed a police report and applied
for a search warrant of the ATC compound.4

On March 31, 2022, the executive judge of Branch 91, Regional Trial Court (RTC) of Baler, Aurora issued a
search warrant for "illegally printed election propaganda or campaign materials of Atty. Christian Noveras and Atty.
Gerardo Noveras, Gubernatorial and Vice-Gubernatorial candidates for the Province of Aurora, respectively, which
materials are deemed properties "subject of the offense" or 'fruits of the offense"; and printing machines being used
as a means of committing an offense which are kept inside the said Printing Room, also referred to as the "Extension
Office of the Provincial Capitol" located at the Training Center (ATC), Sitio Setan, Barangay Calabuanan, Baler,
Aurora."5 The search warrant was implemented on April 2, 2022. Recovered from the ATC premises were the
following items: one tarpaulin eco solvent printer, one inkjet printer, a personal computer set and computer
peripherals, a semi-automatic eyelet machine, and 41 pieces of tarpaulin campaign materials and/or tarpaulin design
templates6 bearing the names of Noveras and other candidates for various provincial and municipal elective offices in
Aurora.7 The implementation of the search warrant was witnessed by an elected barangay official and three media
representatives.8 Amansec further alleged that one of the witnesses was able to take a photograph of the tarpaulin
campaign materials showing that they were paid for by Christian Noveras, the incumbent vice-governor and
Noveras's brother.

On April 20, 2022, Amansec filed a criminal complaint against Noveras, Tecuico, and other persons for violation
of Section 261(o) of the Omnibus Election Code and Article 217 of the Revised Penal Code, in connection with the
tarpaulin printing incident.9

On April 26, 2022, Amansec petitioned the COMELEC to disqualify Noveras from standing as a candidate,
claiming that the tarpaulin printing incident was a violation of Section 261(o) ultimately attributable to Noveras, whose
campaign materials were found on the scene.10
 Noveras argued that the petition should be dismissed outright for Amansec's failure to appear in the preliminary
conference.11 Noveras denied the allegation that his campaign materials were being printed on LGU premises using
LGU resources.12 Furthermore, violation of Section 261(o) is not among the grounds for disqualification of a
candidate under Sections 12 and 68 of the Omnibus Election Code or Section 40 of the Local Government Code
(LGC).13 Finally, Noveras argued that a final judgment of conviction is necessary to disqualify a candidate whether
under Section 12 of the Omnibus Election Code or Section 40 of the LGC.14

The May 9, 2022 national and local Elections were conducted as scheduled, with Noveras remaining on the
ballot. He garnered the highest number of votes for the position of vice-governor.15

On March 8, 2023, the Aurora provincial prosecutor's office found probable cause to charge Noveras and five
other individuals with violation of Section 261(o) of the Omnibus Election Code; but on June 16, 2023, the
Department of Justice (DOJ) modified the provincial prosecutor's ruling and dismissed the charge as against
Noveras.16

On July 10, 2023, the COMELEC First Division resolved to grant Amansec's petition.

The First Division resolved the case on the merits despite Amansec's non-appearance in the preliminary
conference, invoking the public interest in the resolution of election cases and the liberal interpretation of the
COMELEC rules of procedure.17 The First Division stressed Noveras's failure "to set forth the substance of the
matters upon which he relies to support his denial of the factual allegations against him. He failed to controvert the
pieces of evidence clearly establishing that tarpaulins for his campaign were being printed using provincial
government resources by a casual plantilla employee under his control and supervision."18

Noveras was disqualified on the basis of Section 261(d)(1) of the Omnibus Election Code, as he influenced his
subordinate, Tecuico, into doing acts beneficial to his campaign. The witness statements and search reports prove
that Tecuico, a casual employee of the Aurora LGU, was caught in the act of printing Noveras's campaign materials
using Aurora LGU equipment, inside Aurora LGU premises. It was also proven that Noveras appointed Tecuico to the
LGU. As head of the Aurora LGU and the signatory of Tecuico's appointment, Noveras wielded not only moral and
legal ascendancy over Tecuico, but also command and control prerogatives over the facilities and resources
implicated in the tarpaulin printing incident. Given the circumstances, the First Division concluded that Tecuico would
not have used Aurora LGU resources to print campaign materials in the ATC compound if not for the moral and legal
ascendancy exercised over him by Noveras. Furthermore, any such use of provincial government resources and
facilities would not have been possible without the knowledge or influence of Noveras, the incumbent provincial
governor.19

Noveras may be disqualified on the basis of Section 261(d)(1) of the Omnibus Election Code despite its apparent
repeal by Section 2 of Republic Act No. 7890. The effect of Republic Act No. 7890 on the treatment of acts of
coercion affecting the right of suffrage is ambiguous, as it increased the penalty for such acts, but repealed the
specific provisions defining and regulating such acts in Section 261(d)(1) and (2) of the Omnibus Election Code. The
COMELEC First Division resolved the ambiguity by resorting to the legislative history of the statute, which shows
that: 1) the scope of the original bill which became Republic Act No. 7890 was limited to removing bloc voting by
religious groups from the enumeration of acts punished in Section 261(d); and 2) there was no discussion or intention
to remove the prohibition against acts of coercion and undue influence affecting the right of suffrage by public
officers. The poll body in division thus concluded that Section 2 of Republic Act No. 7890 should be read not as a
blanket repeal of Section 261(d) of the Omnibus Election Code, but as a mere amendment to remove any reference
to acts of coercion affecting the right of suffrage committed by leaders or officials of religious organizations, which
means that Section 261(d) remains an available ground to disqualify public officers like Noveras.20

In a separate opinion, Commissioner Ernesto Ferdinand P. Maceda, Jr. (Commissioner Maceda) echoed the
reasoning of the First Division and further explained that Javier v. COMELEC,21 which construed Section 2 of
Republic Act No. 7890 as an express and blanket repeal of Section 261(d) of the Omnibus Election Code, "did not in
any way diminish [the COMELEC's] power to act in the face of situations where the coercion of voters on matters of
suffrage is clearly apparent."22

Commissioner Maceda also opined that Noveras may be disqualified and prosecuted under Section 261(e) of the
Omnibus Election Code, as the tarpaulin printing incident amounts to a fraudulent scheme for the purpose of
inducing participation in a campaign.23 All the elements of said offense, as defined in Section 261(e), are present.
First, the unlawful and unauthorized use of government property by public officers constitutes fraud; thus, Tecuico's
use of an Aurora LGU-owned printing machine within Aurora LGU premises to print campaign materials for the
campaign of the incumbent governor is a fraudulent scheme.24 Second, the moral and legal ascendancy Noveras had
over Tecuico as local chief executive and appointing authority is a strong indicator of inducement, as "[i]t would be
impossible for Tecuico to have performed such scale of illegal activity on his own and without the knowledge and
consent of his superior officer. Further, it is without doubt that the commission of the illegal acts would ultimately
redound to the benefit and advantage of [Noveras], not just indirectly but directly."25 Third, the printing of tarpaulin
campaign banners is an act of participation in a campaign. The materials printed by Tecuico contain exhortations for
voters to cast their votes for Noveras and the other candidates in his ticket.26

On September 6, 2023, the COMELEC En Banc resolved to deny Noveras's motion for reconsideration,
sustaining the First Division's reasoning as to the effect of Republic Act No. 7890 on Section 261(d) of the Omnibus
Election Code,27 and adopting Commissioner Maceda's findings on the applicability of Section 261(e).28

Noveras cannot be disqualified on the basis of Section 261(o) of the Omnibus Election Code without a final
judgment of conviction because it is not one of the disqualificatory offenses mentioned in Section 68 of the Omnibus
Election Code.29 Nevertheless, the First Division did not err in disqualifying Noveras on the ground of Section 261(d)
(1) and Section 261(e), which are both Section 68 disqualificatory offenses.

Noveras can be disqualified for the tarpaulin printing incident even if he was not personally involved therein, as
Section 261(e) does not require that the acts of coercion or influence be done directly:

The material factors in the unlawful use of government resources are the following: (1) Mr. Tecuico – a
provincial government casual worker, and (2) the ATC Compound – a provincial government-owned
complex. These factors have a common denominator – [Noveras], as the then incumbent governor and
Chief Executive Officer of the Province of Aurora, had direct authority over both the person of a
provincial government casual worker and the provincial property.

This is not a mere coincidence but a strong indication that [Noveras] had coerced and induced Mr.
Tecuico in performing the acts complained of. The clear language of Section 261(e) of the OEC states
that the prohibited act need not to be proved to be undertaken by Respondent directly. Even the indirect
act would render him liable.

[C]oercion can be implied, as either legal or constructive, where the relation of the parties is such that
one is under subjection to the other, and is thereby constrained to do what his free will would refuse.
Inducement is defined as an "act or process of enticing or persuading another person to take a certain
course of action."

As exhaustively explained by the Resolution of the Commission (First Division), [Noveras], in view of the
extensive powers granted to him as the Governor of the Province of Aurora, exercised authority and
control over the hiring and termination of employees and appointees as well as over government
premises.30

Before Us, Noveras accuses the COMELEC of grave abuse of discretion in: 1) construing Republic Act No. 7890
as a mere amendment of Section 261(d) of the Omnibus Election Code, contrary to the ruling in Javier;31 2)
disqualifying him on the basis of Section 261(d) despite its repeal by Republic Act No. 7890;32 and 3) disqualifying
him on the basis of Section 261(e) despite the absence of evidence showing that he actually coerced or influenced
Tecuico.33 Noveras also prayed for preliminary injunctive relief, arguing that the immediately executory character of
the assailed rulings deprives him of the right to run for elective office, more so considering that he garnered the
highest number of votes for vice-governor of Aurora in the May 9, 2022 local elections.34

Commenting on the Petition on the COMELEC's behalf, the Office of the Solicitor General (OSG) argues that the
poll body's ruling is supported by a preponderance of evidence showing that Noveras perpetrated a "fraudulent
scheme by unlawfully using government resources and premises... to compel and induce Mr. Tecuico, a provincial
casual worker, to print materials for his campaign[:] . . . a prohibited act under Section 261(e) of the [Omnibus
(awÞhi(

Election Code]."35 The DOJ's dismissal of the Section 261(o) charge against Noveras is immaterial because the
COMELEC retains jurisdiction over the electoral aspect of the offense, which only requires a "clear preponderance of
evidence".36

The State Tribune also asks Us to revisit the ruling in Javier, arguing that the construction of Section 2 of
Republic Act No. 7890 as an express and blanket repeal of Section 261(d) of the Omnibus Election Code is not only
inconsistent with the legislative history of Republic Act No. 7890, but also deprives the COMELEC of the power to act
against clear cases of coercion and undue influence affecting the right of suffrage.37