Another One Faces Same Fate
De Castro-Backed Liga ng mga Barangay
Prexy Disqualified
By Luis Panelo and Adan Silangan
Bulan, Sorsogon – A government tripartite board of election supervisors (BES) composed of the municipal officer of the Department of the Interior and Local Governments (DILG), the election supervisor of the COMELEC and the secretary of the Sangguniang Bayan of Bulan, disqualified Antonio “Toto” Vytiaco from holding the top post of Bulan’s association of barangay chairmen or the Liga ng mga Barangay (LnB) 6 days after he was elected president of the association and after having garnered 54 votes out of Bulan’s 63 barangays.
In a decision rendered by the said Board of Election Supervisors this week, Vytiaco was disqualified from holding the position of LnB president “for having been convicted by final judgment of a crime involving moral turpitude” declaring, at the same time, Vytiaco’s vice president, Excel Zuñiga, as the new President of the association.
The decision to disqualify Vytiaco stemmed from a letter-complaint filed by known anti-De Castro barangay chairmen, Permo Evasco of San Isidro, Antonio Boncan of Gate and Rey Loilo of Beguin, questioning the qualification of Vytiaco to run for president of the Liga ng mga Barangay. The triumvirate’s complaint made reference to Vytiaco’s prior conviction by the Bulan Municipal Trial Court for violation of Batas Pambansa Blg. 22 (B.P. 22) otherwise known as the “anti-bouncing checks” law.
The “anti-bouncing checks” law is a Marcos vintage law authored by former Solicitor General Estelito Mendoza the purpose of which is to discourage the practice of putting in circulation worthless checks that may injure the viability of the banking system which, in turn, may injure the welfare of society and the public interest as well. Since its implementation in 1979, B.P. 22 has successfully curbed the harmful practice by unscrupulous individuals of absconding from their financial obligations by deceiving their victims to accept their bum checks and, once the check is accepted, the issuer eventually runs away from his debt completely.
Vytiaco, however, expressed optimism that he will prevail over this predicament when he elevates the matter to the Pambansang Liga ng mga Barangay, banking on what he believed as the “decriminalization” of the law (BP 22) in the past decisions rendered by the Supreme Court reclassifying its violation to mere “civil obligation” which, according to Vytiaco’s lawyer, lifts his client’s conviction from the genre of crimes involving moral turpitude.
In another development, Sangguniang Kabataan federation President-elect Annika Guelas faces the same disqualification with the issuance of an official certification by the National Statistics Office (NSO) of Guelas’ real date of birth to be October 23, 1989 debunking her claim in her certificate of candidacy which is October 31, 1989.
It will be recalled that the Board of Election Supervisors that took charge of the SK elections dismissed Fernan Briones Frutos’ petition (to disqualify Guelas on her “material misrepresentation” that she is below 18 years old on the day of the SK elections in October 29, 2007) “finding more weight” on Guelas’ xeroxed certificate of live birth than the original copy of her baptismal certificate.
When Fruto, however, filed his motion to reconsider the Board’s dismissal of his petition, he appended to his motion an NSO authenticated copy of Guelas’ certificate of live birth confirming Fruto’s allegations that Guelas “materially misrepresented” her age to be below 18 years old on the day of the SK elections. With such a development, Guelas is not only facing disqualification from her post as SK federation president, she likewise faces a criminal case for perjury since she lied about her real age when she accomplished her certificate of candidacy and declared the same under oath.
Sources close to the Frutos, however, deny ever contemplating filing criminal charges against Guelas. “I don’t want to expose her (Guelas) to that kind of public trial. I don’t believe that was Annika’s sole decision. She was just an unwitting tool in the deadly game of politics played by her father and his political benefactors”, Fruto said in the vernacular, “It is unfortunate that grown-ups dipped their fingers on what is concededly an affair restricted to the young. Instead of leading us by good example, these traditional politicians exposed their true color, dark and grim, by showing us how politics should NOT be practiced.”
Both Vytiaco and Guelas are publicly acknowledged De Castro bets in the recently concluded barangay elections. Ex-mayor Guillermo De Castro has reportedly campaigned for both Vytiaco and Guelas to be elected, not only as municipal federation prexies, he was also gearing them to be Provincial Liga ng mga Barangay and SK Federation presidents, respectively, who will sit as ex-officio members of the Sangguniang Panlalawigan of Sorsogon.
January 4, 2008 at 2:11 pm
WARA DAW DIDI NAGKOKOMENTARYO. MR VYTIACO AN PARAISO
MAGAYON MAN BAGA. PWEDENG BUS TERMINAL, jokejokejoke
January 16, 2008 at 3:43 pm
hello salve. nakay dire mo ibutang sa balay nio an terminal, kay hahalian mo pa kami na kabataan san masasayawsayawan. puera lang kun magpadisco k man s iyo….nano daw?
January 18, 2008 at 10:38 am
olol sa sa ingud ko na lang an terminal, sayang man san 80milyones..money money baga buknoy..
February 16, 2008 at 3:39 pm
TO Toto Vytiaco
Bad karma for u. Tay agad nakawala ka na sa lado ni Geming bumalik ka giraray. Hanap mo pa an sakit sin ulo. Nano niyan an pamati mo. Beware of Geming minamalas na siya. Bad karma baga gihapon an gahoy sini.
February 16, 2008 at 3:48 pm
TO Annika Guelas
I symphatized with u. Sayang ka you are stiil too young. U were merely used politically by Geming de Castro through ur uncaring and ambitious father. Is he ur biological father, ha!.? Just asking because this is not the works of a good and responsible father. Again beware of Geming…bad karma carrier.
February 16, 2008 at 9:21 pm
TO KABATAS,
pede tabi paghapOt aNo n Po an mangyAyari kaN toto vytiaco?
February 16, 2008 at 9:24 pm
to toto vytiaco,
matanOs kaY yaDto kn s paraiso pumunta kp s ImpyiernO!!!!sO pLitaN n nTin aNg paRaiso nG …….u kNoW!!……gOsHHHHH!!!!! pRanG maiNit duN ahh!!!!
February 17, 2008 at 7:41 pm
shrenka hello. good to be reminded re: toto vytiaco. im just wonderin why he is always mentioned on air (radio 1fm) as ABC president? was he not disqualified for this election coz of gruesome pending case against him? what happened to his disqualification case by d way? what a race to beat!
March 28, 2008 at 6:34 am
Mrsrs. Panelo & Silangan:
Bilang sayo tabi na observer san pulitika sa Bulan, an “humble opinion” ko lang tabi manunungod sine na sinasabi san kampo ni kapitan Vytiaco (per your column “De Castro-Backed Liga ng mga Barangay Prexy Disqualified”) na an “BP Blg. 22 (otherwise known as Anti-Bouncing Checks Law) kuno ay na “decriminalized” na base sa mga decisions san Korte Suprema, so it means based on their argument a “conviction for violation of BP blg. 22 should no longer be considered a crime involving moral turpitude, kay na “decriminalized” na kuno ine, an pakasabot ko tabi sine an BP Blg 22, deri pa man yun “na-decriminalized”… kaya baga san sala an pakasabot nira sun na BP 22… Ipinaliwanag na tabi yun san korte suprema san nagkariribok an mga RTC/MTC Judges sa metro manila. Kaya ngani nagkasiribot na nagpalabas sin magkasunod na circular an korte suprema, re, Circular No. 12-2000, xxx deleting the penalty of imprisonment in conviction for violation of BP Blg 22, per decision rendered in the cases of Eduardo Vaca v. Court of Appeal, G.R. No. 131714 (Nov. 16, 1998) and Rosa Lim v. People of the Philippines, G.R. No. 130038 (Sept. 18, 2000), the Supreme Court speaking thru then Justice Vicente Mendoza modified the sentence imposed for violation of BP 22, and imposing only of fine in an amount double the amount of check or checks. xxx
xxx To further clarify the matter, the SC issued another Circular 13-2001, it said that administrative circular does not remove imprisonment as an alternative penalty for violation of BP blg. 22. xxx
.xxx Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment. xxx
So, klarado baga tabi na kapag may penalty of imprisonment… ine ay nangangahulugan na kriminal pa an kaso, kun wara na an sentencia san pagkapreso deri na tabi yun kriminal, o posible sibil na lang an kaso o multa nalang. Kaya po maliwanag pa sa adlaw na deri pa man “na-decriminalized” an BP blg 22, so under the settled jurisprudence, conviction for violation of BP blg 22 would still fall under the category of a crime involving moral turpitude…
By analogy tabi, kun sayo sa mga disqualifications sa pagka-President sa Liga ng mga Barangay ay sinasabi na…. “He/She must not have been convicted of a crime involving moral turpitude”, then by mere conviction alone (meaning the sentenced has become final already), said candidate is disqualified na….. if the allegations raised by Kapitans Evasco, Bongcan and Loilo in their complaints were true, then there is no doubt that Vytiaco is disqualified to occupy the post of the President ng Liga ng mga Barangay… Tapos na an boxing… (dati tabi an gahoy sine sa old local code “Association of Barangay Captains” kaya an presidente, an gahoy ABC President)……. Kilala ko ine si Evasco mao ni Boncan mga maprinsipio ine na tawo…sadto pa man lumalaban na ine kan ex-meyor guiming…..
Sugad lang sun ka simple yun.. para wara na sin daghan na mga debate…. an batas naman nato is more of a common sense lang po….. one should not be a lawyer or a judge to be able to interpret or understand the language of the law..
Deri mao tabi mga tagaBulan?
Mabuhay ka, Mr Panelo & Mr. Silangan……