Pampanga congressman files election protest

SAN FERNANDO, Pampanga, Philippines – Third district Rep. Aurelio Gonzales Jr. has filed an election protest seeking the disqualification of this city’s mayor and congressman-elect Oscar Rodriguez before the House of Representatives Electoral Tribunal (HRET).

In a 10-page protest, Gonzales accused Rodriguez, who garnered 140,826 votes over his 108,275 votes in the recent congressional race, of gross violation of Commission on Elections (Comelec) Resolution 9585 in relation to Section 261 of the Omnibus Election Code and massive vote buying.

Gonzales asked the HRET to disqualify Rodriguez from holding office as third district representative and annul and set aside his proclamation, among other things.

“Rodriguez has no moral or legal right to occupy the post, much less hold a public office, in view of his patent violation of the sanctity of the ballot and willful disregard for the law,” Gonzales alleged.

Gonzales alleged that Rodriguez signed and issued numerous checks in favor of several payees just a few days before the elections using the city government’s account with the local branch of the Land Bank of the Philippines.

As example, Gonzales alleged that just a few days before the elections, Rodriguez signed and issued checks in varying amounts from P3,000 to P5,000 each in favor of seven city residents.

Gonzales also alleged that on May 10, or three days before the elections, Rodriguez distributed “financial assistance” also in the amount of P5,000 to his so-called scholars at the Don Honorio Ventura Technological State University.

Rodriguez allegedly distributed the checks at the Heroes Hall adjacent to the provincial capitol in this city.

The supposed scholars, numbering at least 1,000 students, are residents or constituents not only of the city but also of other parts of the third district of Pampanga, Gonzales alleged.

Gonzales said these alleged acts are in clear violation of Section 261 of the Omnibus Election Code which prohibits any public official or employee, including barangay officials, from releasing, disbursing or using public funds 45 days before regular elections.

He also alleged that Rodriguez violated Comelec Resolution 9585, which implements Section 261 of the Omnibus Election Code which prohibits the release, disbursement and expenditure of public funds effective March 29 until May 13.

Gonzales’ lawyers noted that when he ran for a second term in 2010, he garnered 195,651 votes against his opponent’s 24,640 votes.