The Commission on Elections en banc has admonished and sternly warned Silay City Election Officer Phoebus Teruel Jr. after reviewing the conflicting recommendations from its Law Department and regional office over the complaint filed by former Mayor Carlo Gamban for violation of the Omnibus Election Code, during the May 10, 2010 elections.

It also found probable cause against Board of Election Inspectors members Ally Paceno, Lilia Lozada, and Menice Hugo, who were also named in Gamban's complaint.

The former Silay City mayor had questioned the decision of the Board of Election Inspectors in allowing voters to cast their vote beyond the time designated by the Comelec for the closing of polls.

In a recommendation dated September 13, 2011, Assistant Regional Election Director Tomas Valera said that what led to the lapses committed by the BEI were the pressure exerted by the voters themselves that they be allowed to vote.

He also recommended to absolve Terruel of any wrongdoing as his presence in the clustered precinct in question was merely incidental to his duties in the whole conduct of the elections in Silay.

However, Director Esmeralda Ladra of the Comelec Law Department issued a Memorandum dated October 24, 2011 stating that there was a probable cause to hold the BEI members and Teruel liable for violation of the Omnibus Election Code.

Ladra also recommended the filing of election charges against Teruel and BEI members Ally Paceno, Lilia Lozada, and Menice Hugo.

While her office find in accordance of the election laws the BEIs action of allowing the voting after 7 p.m., they violated the laws when they authorized the resumption of voting at 11:15 a.m of May 11, Ladra said.

She also said that Teruel was remiss in his duty as representative of the Commission as he should have properly guided the members of the BEI on the applicability of the election laws and the consequences in case of non-compliance.

In its March 22, 2012 resolution, the Comelec en banc affirmed the findings of probable cause against the three BEI members while rejecting the recommendation to hold Teruel liable along with them.

It reiterated the rule that the election inspectors should be held to comply strictly with the law and if they violate the law, they, and not the innocent voter should be punished.

In admonishing Teruel, the Comelec en banc said he should be more conscientious in the performance of his duties and advised him to keep abreast of all election laws and legal principles, and remain conversant with them.

The Commission also sternly warned him that any repetition of the incident will be dealt with more severely.*NAB

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