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TERRORISM AS GROUND FOR DISQUALIFICATION A perusal of the issues raised by DIANGKA readily shows that there is an attempt to discredit the factual findings of the COMELEC that DIANGKA, directly or indirectly through her husband, who was then incumbent mayor of the municipality, committed acts of terrorism which is a ground for disqualification under Section 68 of the Omnibus Election Code. The said section enumerates the instances where a candidate can be disqualified by the COMELEC, to wit: SEC. 68. – Disqualifications. - Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions: (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this code; (d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Section 80, 83,85,86 and 261, paragraphs d,e,k,v, and cc, sub-paragraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or an immigrant of a foreign country shall not be qualified to run for any elective office under this code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. (Sec. 25, 1971 EC)." (emphasis supplied) The following are excerpts from the Resolution dated August 24, 1999 of the COMELEC en banc affirming the Resolution dated September 2,1998 of the COMELEC (Second Division): "There is enough evidence to support the findings of the Commission (Second division) that the alleged acts of terrorism and violation of election laws, which transpired in her presence, are sufficiently established by the evidence submitted by the Petitioner and that the same were perpetrated to enhance her candidacy and are attributable to her. It is not denied by respondent that then incumbent Mayor of Ganassi is Omra Maning Diangka, her husband. A preponderance of evidence shows that it was an ambulance car that was used in the distribution of ballots and other election paraphernalia. In fact, in her affidavit, respondent explicitly stated that it was an ambulance that was used. She had not denied that the same is under the control of and being used by Omra Maning Diangka and his family. No specific denial of this fact can be found in her Answer. And as shown by the evidence, the respondent was in that ambulance, at the front seat beside the driver where she can easily give directions for the latter to follow during the time material to the petition. En Banc, Justice Partdo, DANILO FERRER, petitioner, vs. COMMISSION ON ELECTIONS and RAFAEL M. GROSPE, respondents. [G.R. No. 139489. April 10, 2000]
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CCHOPE ELECTION
2001 
