Commission on Elections (Comelec) Chairman George Erwin M. Garcia said the Supreme Court’s ruling on the disqualification case of Caloocan 2nd District Representative Edgar Erice has, for the first time, given the poll body clear guidance on how to address election misinformation.
The Court recently nullified Comelec’s decision disqualifying Erice, who was accused of spreading false information about the poll body’s contract with Miru Systems.
It ruled that while such acts may qualify as an election offense, they are not among the legal grounds for disqualification unless the person has been convicted by a trial court.
Garcia said the decision makes clear that the Comelec retains the authority to investigate and file cases on false or alarming statements that could disrupt the electoral process, but disqualification can only come after a conviction.
‘The Supreme Court said Comelec has the right to investigate and prosecute this kind of offense. Whether it is a ground for disqualification, the Court said it is not-but it can be the basis for filing an election offense,’ Garcia told reporters on Thursday.
‘It’s now clear: conviction will be the basis of disqualification, not the misinformation itself. This serves as our guidance moving forward.’
He said the ruling also strengthened Comelec’s position at a time when misinformation and disinformation pose serious threats to democracy.
‘Especially now that the threats to democracy are misinformation, disinformation, and fake news. This is our legal weapon,’ he added.
Garcia, who inhibited himself from the Erice case, said he has no hand in deciding whether the poll body will still pursue a separate election offense against the lawmaker.
‘For me, that’s more than enough. Since the Supreme Court itself made no determination on the respondent’s liability.if my colleagues wish to file, it’s up to them.After all, the respondent has already won, been proclaimed, and is now in office,’ he said when asked if Comelec will pursue criminal charges.
The Comelec proclaimed Erice as the Caloocan City 2nd District representative-elect last May 13 after getting 105,363 votes, beating then incumbent congresswoman Mitch Cahayon-uy.