THE Commission on Elections (Comelec) has, for the second time, disqualified Cagayan Gov. Manuel Mamba for violating the ban on public fund disbursements imposed during the 2022 elections.

The Comelec First Division also declared governor's seat vacant, which will be automatically filled by the vice governor, Melvin Vargas Jr.

The decision to oust Mamba was issued on April 24, two days after the Supreme Court published its April 16, 2024 ruling overturning the Comelec en banc decision that rejected the decision of the Second Division.

The court ruled that the petition to dismiss of Ma. Zarah Rose de Guzman-Lara was filed after Mamba had already been proclaimed the winner.

The Supreme Court sent back the disqualification case to the Comelec en banc for disposition.

Mamba said he will appeal the Comelec ruling.

Comelec Chairman George Erwin Garcia said the en banc ruling that set aside the decision of the Second Division was based on a technicality, while the First Division ruling that disqualified Mamba was based on merit.

"There are actually two cases filed against Mamba. One dismissed due to technicality and this one decided on the merits," Garcia said.

"Although we have yet to receive the SC decision, reports said that the case is being returned to the Comelec. We dismissed the case based on technicality; maybe the SC wants a decision on the merits," he said.

The First Division disqualified Mamba for violating Sections 2 and 13 of Comelec Resolution 10747 in relation to Section 261(v) of the Omnibus Election Code (OEC), which bans the release, disbursement, or expenditure of funds for public works projects from March 25 until May 8.

"Mamba is incorrect in claiming that the prohibition does not extend to local government units. This prohibition aims to prevent the use of public funds for campaign purposes, and it serves as a deterrent effect on incumbent public officials having control and access to public funds from using the same in furtherance of their own political interests," it said.

It also pointed out that Section 2 of Resolution 10747 lists the programs, projects and activities which are exempt from the ban.

It said Mamba may not be held liable for violation of Section 7(c) of Resolution 10730 because it is not considered a proper ground in a petition for disqualification.

Mamba may not also be disqualified for violation of Section 68(1) of the election code for insufficiency of evidence, adding that the source of the election paraphernalia bearing Mamba's name and containing P1,000 bills could not be verified.

A lawyer, Victorio Casauay, had filed separate petitions for the disqualification of Mamba, his wife Mabel, and nephew Franco as candidates for governor, vice governor and 3rd district representative of Cagayan, respectively.

"Casauay alleged that they used public funds in providing financial aid, scholarship grants, and various transport vehicles to their constituents during the 45-day prohibition period, in violation of election law and resolutions," the Comelec said.

The petitions to dismiss the other members of the Mamba family were dismissed as moot, because they lost in the elections.

On Wednesday, the Cagayan provincial public information office announced that Mamba will file a motion for reconsideration with the Comelec within five days.

Mamba will continue to carry on with his duties as governor as long as there is no final decision, the information office said.

"Governor Mamba calls on Cagayanos to be calm, as he is ready to deal with all fabricated cases against him in the processes provided by law," the information office said.

Casauay thanked the Comelec for granting the petitions.

He also said he drew inspiration from Ma. Zarah de Guzman-Lara, who not only ran against Mamba in the last elections but also fought "against malevolent and self-centered doings of the incumbent governor that are detrimental to the interests of us Cagayanos and the province of Cagayan."

"This victory is for all Cagayanos who deserve a leader who embodies their dreams and aspirations and respects the rule of law," Casauay said on Wednesday.