COMELEC: Extortion charge won’t affect candidate’s candidacy unless…

CEBU, Philippines – A mayoral candidate in Talisay City was arrested in an entrapment operation on Thursday, November 28, 2024, for allegedly extorting P4 million from incumbent Mayor Gerald Anthony Gullas.

The suspect, identified as Roger Cimafranca, purportedly demanded the amount in exchange for withdrawing his candidacy in the upcoming elections.

Cimafranca, a broadcaster and political aspirant, was apprehended by operatives of the Criminal Investigation and Detection Group-Regional Field Unit 7, with support from the local police. The operation, conducted in a mall in Talisay City, was initiated following a complaint by Mayor Gullas.

Authorities disclosed that the demand for P4 million – far greater than the initial reported P500,000– was allegedly made to secure Cimafranca’s withdrawal from the mayoral race.

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What is extortion?

Extortion, under Philippine law, is defined as obtaining money, property, or advantage from another through coercion, threats, or abuse of authority. It falls under Article 294 (Robbery with Intimidation) and Article 318 (Other Deceits) of the Revised Penal Code of the Philippines.

Penalties for extortion can include imprisonment ranging from prison correctional to prison mayor, depending on the gravity of the offense.

In cases involving public officials or political candidates, extortion can also constitute a violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, if it involves abuse of an official position.

Extortion is a criminal offense separate from candidacy

Commission on Elections (Comelec) Central Visayas Regional Director Lawyer Francisco Pobe explained that the extortion charge is a criminal matter that is independent of Cimafranca’s candidacy.

“Extortion is a criminal offense separate from his candidacy. Unless a disqualification (DQ) case is filed against the respondent, that would be another story,” Pobe clarified.

This means that a candidate’s right to run for public office remains intact unless specific electoral processes are invoked to challenge their eligibility.

However, Pobe noted that a criminal conviction can be a valid ground for disqualification, provided it is backed by a final and executory judgment.

“That becomes a ground if the criminal case has been proven against the respondent on a criminal aspect because it is the judgment or sentence that will be the basis,” he said.

Candidates can still run while their case is pending

The implications of this legal principle are far-reaching. It means that a candidate can still participate in elections while a criminal case against them is pending, as the presumption of innocence prevails.

However, once a final judgment is rendered, especially if it includes a penalty of prison mayor or higher, it could lead to the cancellation of their Certificate of Candidacy (COC) or their disqualification from holding public office.

Pobe explained that any registered voter, candidate, or political party may file a protest or disqualification case against a candidate.

These petitions can be filed on various grounds, such as material misrepresentation in the COC or involvement in illegal activities, including proven extortion.

To disqualify a candidate, the complainant must prove the violation

In such cases, the burden of proof lies with the complainant to demonstrate that the respondent committed acts that violate electoral laws or disqualify them from office.

Extortion remains a persistent issue in politics, eroding both the credibility of candidates and the integrity of electoral processes. This illegal practice takes various forms, from coercive financial demands to leveraging influence for political gain, sometimes even involving Comelec officials.

In May 2022, Inquirer.net reported that Senator Juan Miguel Zubiri was targeted by two individuals who posed as high-ranking government officials and attempted to extort P50,000 from him.

The individuals claimed to be a governor and board member from Siquijor, but Zubiri quickly suspected their deceit. They were arrested during an entrapment operation.

In 2012, the group Alab ng Mamamahayag (Alam) accused certain Comelec officials of attempting to extort P3 million in exchange for approving their party-list group’s accreditation.

The group claimed a Comelec utility worker, Rogelio “JR” Raneses, offered to guarantee the approval in exchange for a payment. Alam rejected the offer, asserting that they would not engage in bribery. They believed their application was denied because they refused to comply with the demand.

The Comelec officials involved denied the allegations, with one commissioner expressing intentions to pursue legal action against the accusers