SC upholds Gil’s disqualification

The Supreme Court upheld yesterday the disqualification by the Commission on Elections (Comelec) of businessman Eddie Gil from the presidential race for being a nuisance candidate.

In a two-page en banc resolution, the court said Gil failed to "sufficiently show that any grave abuse of discretion was committed by the Comelec in rendering its assailed decision."

The SC earlier allowed Gil to continue with his campaign by issuing a status quo order pending the resolution of his petition questioning the Comelec’s decision to disqualify him.

Contrary to Gil’s claims, however, the SC said the Comelec resolution "appears to be in accord with facts and applicable law and jurisprudence."

Last month, the Comelec declared Gil a nuisance candidate, saying he could not show proof of his ability to launch a nationwide campaign.

The Comelec also said Gil wrote false information in his certificate of candidacy (COC).

Gil elevated his case to the SC after the Comelec denied his motion for reconsideration.

He said he should not be stricken off the list of qualified presidential candidates while his appeal is pending before the SC.

Gil, standard-bearer of the Partido Isang Bansa Isang Diwa (PIBID), said he was a victim of "trial by hearsay publicity" and that the Comelec was strongly influenced by a series of adverse reports when it ruled to disqualify him from the presidential elections.

He also filed a separate motion asking that the Comelec commissioners be cited in contempt of court for excluding his name from the list of presidential candidates in the ballots and information sheets for voters.

Gil said two commissioners of the Comelec’s first division violated the SC’s status quo order when they ruled on the motion filed by Bangon Pilipinas Movement (BPM) standard-bearer Eddie Villanueva and officially delisted the PIBID from the list of accredited political parties.

The Comelec’s first division is composed of Commissioners Rufino Javier, Resurreccion Borra and Virgilio Garcellano.

"There was no basis in that (Comelec) decision," Gil said in a telephone interview. "It was also illegal because they decided without the consent of the other commissioner in the same division."

Sources said the commissioner who did not participate in the decision to delist the PIBID had inhibited himself from the case.

"It was a shameful move on their part," Gil added. "They’re acting as if they’re not lawyers. Ang lakas ng loob nila (they have a lot of nerve), it is as if someone has instructed them."

When Gil’s reaction was sought over the latest SC decision upholding the Comelec ruling disqualifying him, he said he was not yet aware of the SC decision and would proceed with his campaign.

"My senatorial slate is still strong and with me," he said. "They are not affected."

Later radio reports, however, said Gil cried when he learned of the SC decision.

According to BPM lawyer Jordan Pizarras, Gil could be charged with violation of the Omnibus Election Code if he presses on with his campaign.

"Today, we have a double victory to celebrate," Pizarras said. "The series of victories that we (have been) getting for the past few days only signals the massive support that Brother Eddie (Villanueva) is getting."

Pizarras and the rest of the BPM officials believe a major change will happen before the May 10 elections, with the silent majority emerging in support of Villanueva.

While the Comelec has disqualified Gil and delisted the PIBID as a party, the Comelec allowed two PIBID senatorial candidates to go on with their campaigns on the basis of their motion to intervene in the case.

PIBID senatorial bets Gerardo del Mundo and Iderlina Pagunuran were declared independent candidates, while other PIBID bets — actress Pilar Pilapil, Jose Floro Crisologo and retired Gen. Ramon Montaño — bolted Gil’s party to run as independents.

"We cannot say the same (run as independents) for the remaining senatorial and local candidates of Isang Bansa Isang Diwa who did not join the two intervenors because they did not signify their intention to pursue their campaign for election in the event the registration of the party which nominated them is canceled," the poll body said.

The decision was made by the Comelec’s first division, but Javier, Borra and Garcellano could not be reached for comment.

According to Comelec legal department officials, the decision seems to indeed disqualify all other PIBID candidates, but they are not sure.

A Comelec lawyer who read the decision believes there may be something wrong with the poll body’s decision delisting the PIBID. "Does this mean all the candidates of Gil, including the local candidates, are also disqualified? There is something wrong about this," the lawyer said.

Gil has five days to appeal the decision to delist his party before the Comelec en banc. If he does not file an appeal within this period, the Comelec decision becomes final.

The Comelec likened Gil to the emperor in the fairy tale "The Emperor’s New Clothes" and asked the SC to have him investigated by law enforcement agencies and the Anti-Money Laundering Council (AMLC) for declaring ownership of a $10-billion bank account in the Netherlands.

"He only has entertainment value that is wearing thin," the Comelec, through the Office of the Solicitor General (OSG), told the SC.

The OSG said the certificate of bank deposit dated Feb. 26 and attached to Gil’s petition would support the findings of the Comelec that his ability to launch a legitimate nationwide campaign was suspect from the beginning.

"The issue is not the purported wealth of (Gil), but his sincerity to run a bona fide campaign," the OSG said. "Even if he had billions in liquidity, these would not do him well had he no good faith (or) design to proceed (with) his candidacy."

The OSG also said the Comelec did not commit any grave abuse of discretion in disqualifying Gil because the evidence against him consisted of:

• Confirmed reports of his brushes with restaurant owners and jeepney drivers and operators.

• The findings of facts and law in the civil cases against him.

• The desertion of the PIBID by his senatorial candidates.

• The glaring discrepancies in his various COCs.

• His being a repeat candidate for national elections.

• His propensity to avoid paying his community taxes.

"In the antics he has so far exhibited, (Gil) has put the election process in mockery or disrepute. He has caused confusion among the voters by the similarity of his name with candidate Eddie Villanueva," the OSG said.

The OSG added that the Comelec did the right thing in weeding Gil out of the presidential race, as the Constitution contains no express provision that guarantees the right to become a candidate.

"The State is thus free to create restrictions on the ability to become a candidate. The State has legitimate interests in limiting the presence of candidates and parties on a given ballot," the OSG said. — With Jose Aravilla