EN BANC
G.R. No. 227155, March 28, 2017
JOEL T. MATURAN, Petitioner, v. COMMISSION ON ELECTIONS AND ALLAN PATIÑO, Respondents.
D E C I S I O N
BERSAMIN, J.:
The penalty of perpetual disqualification to hold public office may be properly imposed on a candidate for public office who repeatedly fails to submit his Statement of Contributions and Expenditures (SOCE) pursuant to Section 14 of Republic Act No. 7166.1 The penalty does not amount to the cruel, degrading and inhuman punishment proscribed by the Bill of Rights.
In this case, Patino alleged in his petition that Maturan violated Section 14 of R.A. No. 7166 because he failed to file his SOCE for the 2010 and 2013 elections based on the List of Candidates Subject to Perpetual Disqualification posted by the Commission's Campaign Finance Officer ("CFO"). Upon verification from the CFO, Maturan in fact does not have a SOCE on record for the 2010 elections. Accordingly, per COMELEC Resolution No. 15-0495, an administrative fine in the amount of Php 15,000.00 was imposed upon him. Maturan admitted that he paid said fine on 23 November 2015.Aggrieved, the petitioner appealed to the COMELEC En Banc, which denied his appeal on September 8, 2016.
Likewise, for his 2013 candidacy, Maturan does not have a SOCE on record with the CFO. Maturan argued that by virtue of the withdrawal of his candidacy on 12 May 2013, just a day before the elections, he is not required to file his SOCE.
Again, in the case of Pilar vs. COMELEC, the Supreme Court elucidated that:Petitioner argues that he cannot be held liable for failure to file a statement of contributions and expenditures because he was a 'non-candidate,' having withdrawn his certificate of candidacy three days after its filing. Petitioner posits that "it is ... clear from the law that the candidate must have entered the political contest, and should have either won or lost." (citation omitted)Accordingly, the Commission (First Division) finds that Maturan likewise failed to file his SOCE within thirty (30) days after the 13 May 2013 elections for which he filed his candidacy for Mayor of Ungkaya Pukan, Basilan. Clearly, Maturan did not file his SOCE twice - in 2010 and 2013 elections - in violation of Section 14 of R.A. No. 7166.
Petitioner's argument is without merit.
Section 14 of R.A. No. 7166 states that "every candidate" has the obligation to file his statement of contributions and expenditures.
x x x x
In the case at bench, as the law does not make any distinction or qualification as to whether the candidate pursued his candidacy or withdrew the same, the term "every candidate" must be deemed to refer not only to a candidate who pursued his campaign, but also to one who withdrew his candidacy.
The COMELEC, the body tasked with the enforcement and administration of all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall (citation omitted), issued Resolution No. 2348 in implementation or interpretation of the provisions of Republic Act No. 7166 on election contributions and expenditures. Section 13 of Resolution No. 23488 categorically refers to "all candidates who filed their certificates of candidacy."
Furthermore, Section 14 of the law uses the word "shall." As a general rule, the use of the word "shall" in a statute implies that the statute is mandatory, and imposes a duty which may be enforced, particularly if public policy is in favor of this meaning or where public interest is involved. We apply the general rule. (citations omitted)
WHEREFORE, premises considered, the Commission (First Division) RESOLVED, as it hereby RESOLVES, to GRANT the instant petition, JOEL T. MATURAN is hereby declared PERPETUALLY DISQUALIFIED TO HOLD PUBLIC OFFICE.
x x x x
SO ORDERED.6
I
WHETHER OR NOT THE PUBLIC RESPONDENT HONORABLE COMMISSION COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT DECLARED THAT PETITIONER MATURAN IS PERPETUALLY DISQUALIFIED TO HOLD PUBLIC OFFICEII
WHETHER OR NOT THE PUBLIC RESPONDENT HONORABLE COMMISSION COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT FAILED TO DISMISS THE PETITION FOR DISQUALIFICATION FOR BEING MOOT AND ACADEMICIII
WHETHER OR NOT THE IMPOSITION OF PERPETUAL DISQUALIFICATION TO HOLD PUBLIC OFFICE FOR THOSE WHO FAILED TO FILE THEIR SOCE MORE THAN ONCE IS GRAVELY EXCESSIVE AND DISPROPORTIONATE7
Section 14. Statement of Contributions and Expenditures: Effect of Failure to File Statement. — Every candidate and treasurer of the political party shall, within thirty (30) days alter the day of the election, file in duplicate with the offices of the Commission the full, true and itemized statement of all contributions and expenditures in connection with the election.Nonetheless, the petitioner submits that he only failed to submit his SOCE once, in 2010. He pleads good faith because he thought that he was no longer required to submit his SOCE for the 2013 elections because of his having withdrawn from the mayoral race in that year.
x x x x
Except candidates for elective barangay office, failure to file the statements or reports in connection with electoral contributions and expenditures are required herein shall constitute an administrative offense for which the offenders shall be liable to pay an administrative fine ranging from One thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the discretion of the Commission.
The fine shall be paid within thirty (30) days from receipt of notice of such failure; otherwise, it shall be enforceable by a writ of execution issued by the Commission against the properties of the offender.
x x x x
For the commission of a second or subsequent offense under this section, the administrative fine shall be from Two thousand pesos (P2,000.00) to Sixty thousand pesos (P60,000.00), in the discretion of the Commission. In addition, the offender shall be subject to perpetual disqualification to hold public office. (Bold underscoring is supplied for emphasis)
Section 19. (1) Excessive lines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. x x x.He contends that the failure to file the SOCE is an offense far less grave than the serious crimes under the Revised Penal Code and the grave offenses under the civil service laws. Accordingly, equating the non-filing of the SOCE with the latter offenses is irrational and unwarranted.
Settled is the rule that a punishment authorized by statute is not cruel, degrading or disproportionate to the nature of the offense unless it is flagrantly and plainly oppressive and wholly disproportionate to the nature of the offense as to shock the moral sense of the community. It takes more than merely being harsh, excessive, out of proportion or severe for a penalty to be obnoxious to the Constitution. Based on this principle, the Court has consistently overruled contentions of the defense that the penalty of fine or imprisonment authorized by the statute involved is cruel and degrading.Moreover, that Congress has deemed fit to impose the penalty of perpetual disqualification on candidates who repeatedly failed to file their SOCEs cannot be the subject of judicial inquiry. Congress has the absolute discretion to penalize by law with perpetual disqualification from holding public office in addition to administrative fines the seekers of public office who fail more than once to file their SOCEs. Such penalty is intended to underscore the need to file the SOCE as another means of ensuring the sanctity of the electoral process.
In People vs. Tongko, this Court held that the prohibition against cruel and unusual punishment is generally aimed at the form or character of the punishment rather than its severity in respect of its duration or amount, and applies to punishments which never existed in America or which public sentiment regards as cruel or obsolete. This refers, for instance, to those inflicted at the whipping post or in the pillory, to burning at the stake, breaking on the wheel, disemboweling and the like. The fact that the penalty is severe provides insufficient basis to declare a law unconstitutional and does not, by that circumstance alone, make it cruel and inhuman. (Bold underscoring is supplied for emphasis)
Very truly yours, FELIPA G. BORLONGAN-ANAMA Clerk of Court | |
(SGD) | |
By: ANNA-LI R. PAPA-GOMBIO | |
Deputy Clerk of Court |
Endnotes:
1An Act Providing fur Synchronized National and Local Elections and for Electoral Reforms, Authorizing Appropriations Therefor, and for Other Purposes.
2Rollo, pp. 44-50.
3 Id. at 51-56.
4 Id. at 24-30.
5 Id at 46.
6 Id. at 48-50.
7 Id. at 7-8.
8Basmala v Commission on Elections, G.R. No. 176724, October 6, 2008, 567 SCRA 664.
9Ejercito v. Commission on Elections, G.R. No. 223300, May 31, 2016 (Resolution).
10 G.R. No. 115245, July 11, 1995, 245 SCRA 759.
11 G.R. No. 149276, September 27, 2002, 390 SCRA 194, 198-199.
12Suliguin v. Commission on Elections, G.R. No. 166046, March 23, 2006, 485 SCRA 219, 233.
13Reyes-Tabujara v. Court of Appeals, G.R. No. 172813, July 20, 2006, 495 SCRA 844, 857-858.