IN HOT WATER? A voter from Pilar, Corazon Busaco Galamiton, files a case against incumebent 2nd district Cong. Erico Aristotle Aumentado (left), his wife Maria Vanessa (center) and the station manager of dyRD and associate editor of the Bohol Chronicle Peter Dejaresco (right) for allegedly violating the Fair Elections Act which is also punished as an election offense under Section 264 of the Omnibus Election Code. The petitioner prays that the respondents be penalized for allegedly exceeding the broadcast time allowed by law for each candidate.
The candidacies of Erico “Aris” Aristotle Aumentado for governor of Bohol and his wife Maria Vanessa “Van-Van” Aumentado for Representative of 2nd District of Bohol are hanging in the balance after a voter filed a case against them before the Commission on Elections (COMELEC) for alleged violation of Republic Act No. 9006 or the Fair Elections Act.
The complainant also included Peter Dejaresco, the station manager of dyRD and associate editor of Bohol Chronicle, as a respondent in the case.
The complaint-affidavit was executed on May 4, 2022, which alleges that the respondents violated Section 6.2 (b) in relation to Section 13 of the Fair Elections Act which is also punished as an election offense under Section 264 of the Omnibus Election Code.
The case has a criminal aspect, where the complainant prays for a preliminary investigation and subsequent filing of charges before a Regional Trial Court.
Moreover, the case has an electoral aspect where the complainant also asks the COMELEC to disqualify the Aumentados and bar them from holding public office.
A copy of the complaint-affidavit was provided by the complainant, herself to The Bohol Tribune.
Multiple sources’ statements say that indeed there was a complaint filed against the Aumentados and Dejaresco before the COMELEC.
The complaint-affidavit with petition for disqualification was executed by a certain Corazon Busaco Galamiton, a registered voter of barangay Ilaud, Pilar, town and subscribed and sworn to before public prosecutor Adolfo M. Doroy.
Section 6 of the Fair Elections Act grants all registered parties and bona fide candidates equal access to media time and space during the campaign period.
In section 6.2 (b) of the Fair Elections Act, it says, “each bona fide candidate or registered political party for a locally elective office shall be entitled to not more than sixty (60) minutes of television advertisement and ninety (90) minutes of radio advertisement whether by purchase or donation.”
The complaint-affidavit alleges that Cong. Aumentado and wife Van-Van Aumentado are the beneficiaries of “excessive” election propaganda broadcast in several radio stations in Bohol and Cebu.
It was also alleged that these programs could hardly be considered developmental as most of these programs were aired in radio stations based in Tagbilaran City, which is in the 1st Congressional District of Bohol, which is outside Cong. Aumentado’s district.
The voter, in her complaint-affidavit, further alleges that these programs, directly or indirectly promoted the candidacy of Maria Vanessa Aumentado, who is not an incumbent public official, and is running for representative of the 2nd district of Bohol.
It is alleged in the complaint-affidavit that in some occasions, the said radio programs attacked the contender of Van-Van Aumentado for the 2nd district congressional seat. The contender is Capt. Jovanna Jumamoy.
As alleged in the complaint-affidavit, these programs portrayed negative campaigning and unleashed attacks against incumbent Gov. Arthur Yap.
The programs mentioned in the complaint-affidavit are the following:
1.) “Saksi sa Katilingban” by Atty. Handel Lagunay from 6:30 a.m. to 7:00 a.m. usually on simulcast in 102.3 Kiss FM and dyRD;
2.) “Ultimatum” by Vic Dante from 7:00 to 8:00 a.m. usually on simulcast in 102.3 Kiss FM, dyRD, dyMA Jagna and 92.7 Bee FM;
3.) “Inyong Alagad” by Fred Araneta and Chito Visarra from 8:00 to 9:00 a.m. usually on simulcast in 102.3 Kiss FM and dyRD;
4.) “Bol-anon Pagpakabana” by Romy Tolonghari from 1:00 to 2:00 p.m. in 91.1 Balita FM;
5.) “Bol-anon Ikaw ang Maghukom/Pagmata Bol-anon by Micmic Bustamante from 1:00 to 2:00 p.m. in dyKC-AM 675 kHz Radyo Ronda Kusog Cebu;
6.) Saksi sa Katilingban by Romy Tolonghari and Gilbongs Bongato from 2:00 to 3:00 p.m. in 102.3 Kiss FM;
7.) Bisa’g Unsaon by Romy Tolongari from 3:00 to 4:00 p.m. in 91.1 Balita FM;
8.) Aris Development Program by Allan Mangmang from 6:00 to 7:00 p.m. in DYRD; and
9.) Abante Bohol by Roger Balamad from 9:00 a.m. to 10:00 p.m. in 92.7 Bee FM.
Moreover, Dejaresco is included as respondent because of the station-produced program “Inyong Alagad” anchored by Fred Araneta and Chito Vissara which allegedly attacked and negatively campaigned against Gov. Yap and promoted, directly or indirectly, the candidacy of Cong. Aumentado in excess of the limitation provided under the Fair Elections Act, according to the complaint-affidavit.
Majority of the programs mentioned in the complaint-affidavit are broadcast in dyRD and its sister station 102.3 Kiss FM, based in Tagbilaran City.
The complaint-affidavit also highlighted the fact that the Legal Counsel of Team Abante Bohol, lawyer Handel Lagunay, in an interview with the Bohol Chronicle and as published in the April 24, 2022 Issue of the said newspaper, admitted that they have four radio programs four (4) hours or two hundred forty (240) minutes per day.
Abante Bohol is the political coalition led by Cong. Aumentado.
The complaint-affidavit also cited the previous invocation of Gov. Yap of his right to reply under Section 17 of COMELEC Resolution No. 10730 in his letters-complaint sent to COMELEC Regional Election Director Dennis Ausan.
In his interview with the Bohol Chronicle, published on April 24, 2022, Lagunay brushed aside the governor’s letters-complaint saying “it’s something for the books”.
Lagunay is the husband of 1st district Board Member Lucille Lagunay, who is a member of Abante Bohol.
However, Comelec Regional Director Ausan positively acted on the letters-complaint of Gov. Yap and required the media outfits to submit their comment or explanation, according to sources.
As stated in the complaint-affidavit one station, RPN-dyKC- Cebu, even issued a memorandum to blocktimer Micmic Bustamante calling out his “fabricated, unfounded and personal attacks” against Gov. Yap in his program “Bol-anon Ikaw ang Maghukom” in violation of the Broadcast Code of the Kapisanan ng mga Brodkaster ng Pilipinas.
The aforementioned station, in its reply to Ausan, apologized to Gov. Yap for whatever inconvenience or anxiety the governor suffered as a result of the attacks.
If convicted for violating the Fair Elections Act, respondents may be facing imprisonment of not less than one (1) year but not more than six (6) years, which is not subject to probation.
Meanwhile, Cong. Aumentado and his wife likewise face the possibility of perpetual disqualification to hold public office, if they are proven guilty of the charge.
The Bohol Tribune tried to get the statements of the aforementioned respondents in the case.
However, the calls were unanswered and unreturned as of press time.
The Bohol Tribune is open to publish any statement coming from the respondents.