The former mayor of Paracelis, Mountain Province who is planning to make a comeback by filing his candidacy for mayor has been disqualified by the Second Division of the Commission on Elections after it found that the candidate is ineligible for the position due to a previous conviction.
The Office of the Election Supervisor of Mountain Province however cannot yet implement the resolution that cancelled the certificate of candidacy (COC) of Avelino Amangyen, as he may still avail of remedies such as filing a motion for reconsideration before the Commission en banc or seek a restraining order from the court.
This means Amangyen’s votes will still be counted on election day, unless the Commission en banc directs them to implement the disqualification, said Municipal Election Officer Richard Buenaventura.
Amangyen has five days from receipt of the Comelec resolution to file a motion for reconsideration before the Commission en banc. Failure to file within the prescribed period will render the resolution final.
In a resolution issued April 19, the Comelec Second Division granted the petition filed by Franklin Talawec to disqualify Amangyen after it found out that the former mayor committed material misrepresentation in his COC when he ticked “no” in his COC to the question of whether he has been found liable for an offense which carries the accessory penalty of permanent disqualification to hold public office, which has become final and executory.
Amangyen was convicted in 2013 for violating Section 77 of the Forestry Reform Code for illegal logging where he was sentenced to a minimum of 12 years and one day to maximum of 20 years imprisonment. He was also found guilty of qualified theft.
Accessory penalties for the crimes he committed are deprivation of his right to vote and the right to be voted.
The Court of Appeals and the Supreme Court affirmed his conviction in January 2018 and April 2018, respectively.
Amangyen, who has yet to serve his sentence, has a standing warrant of arrest issued on Oct. 25, 2021 by Regional Trial Court-Bontoc Branch 35 Pairing Judge Sergio Angngaynay Jr.
Amangyen is running against incumbent Mayor Marcos Ayangwa and Amor Liban. All are independent candidates.
In the Omnibus Election Code, substitution is allowed only for candidates with a political party. – Rimaliza A. Opiña
April 24, 2024
