Comelec Dismisses Election Case Vs Rama, Councilor

The Commission on Elections (Comelec)-En Banc has dismissed the criminal case for alleged election offense filed against Cebu City Mayor Michael Rama and City Councilor Mary Ann De Los Santos.

Comelec Chairman Sixto Brillantes Jr. and the six Comelec commissioners had agreed that the case for violation of Section 261 of the Omnibus Election Code be dismissed for lack of probable cause.

The case stemmed from the complaint of Jenalyn Didal, Marilyn Albarracin and Edna Albarracin who claimed that Rama and De Los Santos violated the election laws when they campaigned during the distribution of the scholarship vouchers at the Lahug Elementary School on April 3, 2013.

The complainants said that while the Committee on Scholarship of the Cebu City government held a meeting with the parents of the graduating high school students, De Los Santos and some candidates for city councilors under the Team Rama climbed the stage.

Later, the mayor arrived and delivered a speech to the parents and teachers who attended the event and allegedly sought the political support of those present.

It was alleged that Rama even asked the audience that those supporters of Team Rama should stand up and be recognized, but since there were only few who stood up, the mayor allegedly shouted “did you not hear what I said?”

The complainant further said that Rama asked those who attended the meeting to recite the names of Team Rama candidates. But in his counter-affidavit, Rama and De los Santos said they never commit violations of the election laws.

Respondents declared that the act of promoting candidates during the campaign period is not a prohibited act in the Omnibus Election Code. The complainant also failed to mention in their complaint that the giving of scholarship vouchers was made in exchange of votes.

Rama said the distribution of the scholarship vouchers to all of the high school graduates has been a yearly program of the Cebu City government and is in accordance with the City Ordinance 2333. Both Rama and De Los Santos won in the May 13, 2013 elections.

The mayor admitted that after he delivered a speech, the operator of the sound system played the Team Rama jingle that is why he started clapping and waved his hands to the audience.

“Campaigning during official public functions within the campaign period is not the issue at bar. Even if it were, such action is not the subject of an election offense. Whether the respondents attended the annual event to advance their bid for reelection is speculative and again could not be the subject of an election offense,” the Comelec decision dated July 10, 2014 reads.