Manila: The Supreme Court (SC) has overturned the disqualification petition against Edgar Erice, allowing him to serve as congressman of Caloocan City’s 2nd District. The decision, released Wednesday, nullifies the Commission on Elections’ (Comelec) previous ruling that Erice violated the Omnibus Election Code (OEC).
According to Philippines News Agency, the SC En Banc’s decision, authored by Associate Justice Henri Jean Paul Inting, reversed Comelec’s ruling which was based on Section 261(z)(11) of the OEC. This section addresses the prohibition on spreading false or alarming information related to elections, which is intended to disrupt the electoral process.
The case against Erice originated from his April 2024 media interviews, where he criticized the automated counting machines from Miru Systems, stating they were never used in any election worldwide. He further questioned the PHP18 billion contract between Comelec and Miru, alleging corrupt practices and presenting claims of offshore accounts linked to Comelec officials, including Chairperson George Erwin Garcia.
Erice defended his statements by arguing that they fell under his right to free speech and did not violate the OEC since the prohibition applies only to actual election day statements at voting centers.
The Comelec’s Second Division initially ruled against Erice, labeling his statements as false and potentially disruptive to public trust in the electoral process. However, the SC highlighted that, per Section 1(c)(3)(viii) of Comelec Resolution No. 11046, disqualification is only valid if a competent court has previously found a candidate guilty of OEC violations.
The SC further clarified that while Comelec has the authority to investigate election offenses, the jurisdiction to determine if an offense occurred lies with the Regional Trial Courts. In Erice’s case, the SC noted that Comelec bypassed due legal procedures by directly declaring him guilty and disqualifying him without a court ruling.
The SC emphasized that spreading false or alarming information is not listed as a disqualifiable offense under Section 68 of the OEC, leading to the reversal of Comelec’s decision against Erice.