THE election of former Commission on Elections Chairman Benjamin Abalos and Senator Jose Victor “JV” Ejercito as president and vice president respectively of Wack Wack Golf and Country Club in Mandaluyong City on Sunday has been questioned by lawyers.
Abalos and Ejercito each garnered 792 votes.
But according to the law office of Balino-Lirag & Simpliciano, Ejercito’s nomination may
be denied due course for conflict of interest.
The law office cited Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
“The pertinent definition of conflict of interest under said law is that it arises when a public official is a member of a board, an officer, of a private corporation and the interest of such corporation or business, or his rights and duties therein, may be opposed to or affected by the faithful performance of official duty.”
It said whenever such conflict of interest arises, a public official or employee should resign from his position in any private business enterprise and/or divest himself of his shareholdings or interest.
On the other hand, the law office noted that it is not aware of provisions in the Corporation Code or the Securities Regulation Code that disqualifies Abalos on the basis of his pending criminal case for electoral sabotage which has not been decided yet.
But it clarified that Article III (F) (2) (iii) of the Revised Code of Corporate Governance may be invoked in relation to the grounds for permanent disqualification under the same Code.
“Although the provision applies to a situation where the person sought to be temporarily disqualified is a sitting director, it may be argued that should Abalos win, he would be required just the same to take appropriate action to remedy or correct the disqualification which in this case could be the “fraudulent acts” (see Article III (F) (1) (iii) of the Revised Code of Corporate Governance) that form part of the charge of electoral sabotage. It will be difficult for him to do that considering the fact that the case is still pending and the only way to be cleared of it is through acquittal. If he fails to do that, he will be permanently disqualified,” the group added.