CCHOPE ELECTION 2001

ON ELECTION OFFENSE

Petitioners were accused of using barangay property for election campaign purposes and other partisan political activities during their incumbency as barangay officials, in violation of Section 261 of the Omnibus Election Code, which read as follows: "Section 261  Prohibited Acts. The following shall be guilty of an election offense: (o) Use of public funds, money, deposited in trust, equipment, facilities owned or controlled by the government for an election campaign. 

Any person who uses under any guise whatsoever, directly or indirectly, (1) public funds or money deposited with or held in trust by, public financing institutions or by government offices, bank or agencies; (2) any printing press, radio or television station or audio agencies or instrumentalities, including government-owned or controlled corporations, or by the Armed Forces of the Philippines; or (3) any equipment, vehicle, facility, apparatus or paraphernalia owned by the government or controlled corporation, or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity." 

On the other hand, Section 113, R.A. 3019, as amended, provides: "Section 13 Suspension and loss of benefits- Any incumbent public officer against whom any criminal prosecution under a valid information under Act or  under Title 7 Book II of the Revised Penal Code or for any offense involving fraud upon government or public funds or property whether as a simple or as a complex offense and in whatever stage from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law., but if he is acquitted, he shall be entitled to suspension, unless in the meantime administrative proceedings have been filed against him. In the event that such convicted officer, who may have already liable to restitute the same to the government." 

The cases against petitioner involve violations of the Election Code; however, the charges are not undimensional. Every law must be read together with the provisions of any other complimenting law, unless both are otherwise irreconciliable. It must be unauthorized and unlawful use of government property in their custody, in the pursuit of personal interests. The crime being imputed to them is akin to that petitioner's acts constitute fraud against the government; thus, the present case is covered by Section 13 of RA 3019. [Citations omitted]

Justice Panganiban, Third Division, Juan v. People, G.R. No. 132378, January 18, 2000.

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Last Updated: Thursday, April 19, 2001 08:06:41 AM