press release The dismissal of the disqualification case filed by Diosdada C. Ytaoc against erstwhile Calape mayoralty candidate Sulpicio N. Yu, Jr., has already become final and executory according to defendant counsel Jesus Y. Bautista, Jr.
The dismissal of the Petition/complaint of Ytaoc docketed under SPA No.07-0327 was ordered on July 25, 2007 by the First Division of the Commission on Elections (COMELEC) composed of Presiding Commissioner Resurrecion Z. Borra and the ponente, Commissioner Romeo A. Brawner a copy of which reached the office of Mayor Yu only recently.
Bautista said Ytaoc charged Yu of violating the provisions of republic Act 9006, the Fair Election Act when a whole page picture of the defendant was published by the Sunday Post Weekly urging voters to vote for him for Mayor during the last elections in May this year.
The complaint said the political ad has exceeded the one-fourth (1/4) page in broadsheet and one-half page in tabloid requirements set by Section 6 of RA 9006.
The Comelec resolution noted that the subject propaganda revealed that it did not include the necessary words and data required by law and exceeds the mandated size of publication, such non-compliance and violation are not sufficient to disqualify respondent from seeking public office.
It added that the petition failed to present solid evidence showing that the respondent himself initiated and authored the publication of the campaign ad.
It was proven that it was the respondent’s brother, Engr. Nelson N. Yu who paid the publication as certified by Ciriaco “Boy†Guingguing, the Publisher of the Sunday Post.
The Comelec said the respondent cannot be punished for a supposed wrongdoing of his brother merely on the basis of their relationship.
According to Atty. Bautista, a criminal culpability is personal and cannot be transferred to other parties.
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