Former governor faces four counts of usurpation of authority

SAN JOSE, Antique (PNA) — The list of cases filed against Antique’s disqualified Governor Exequiel B. Javier is getting longer with the filing of four counts of Usurpation of Authority against him Monday, July 27 at the Office of the Provincial Prosecutor.

On July 2, a case of Malversation of Public Property was filed against him at the Office of the Ombudsman.

Last Monday, Atty. Cornelio Aldon and former Valderrama Mayor Raymundo Roquero appeared before Assistant Provincial Prosecutor Ricardo Huele and presented to the latter their Joint Affidavit-Complaint accusing Javier of Usurpation of Authority during four occasions as defined and penalized under the Provisions of Articles 177 of the Revised Penal code of the Philippines.

Aldon and Roquero, in their Joint Affidavit-Complaint cited that on February 2, 2015, during the flag raising ceremony in front of the Antique Provincial Capitol, Javier picked up the microphone placed by the emcee on top of the rostrum and “started addressing the people in attendance, talking and acting as if he were still the governor, calling even the new governor Rhodora Cadiao as Vice Governor.”

To recall, the Commission on Elections (Comelec) had earlier retroactively disqualified Antique Governor Exequiel Javier and annulled his proclamation in 2013. Comelec en banc voted 4-2-1 on Monday, January 12, 2015 to grant the petition for disqualification against Javier on the basis of “coercion of subordinates.”

This was on the basis of Javier issuing a 30-day suspension order against Valderrama town Mayor Mary Joyce Roquero on January 23, 2013, which was within the election period (January 13 to June 12) for the 2013 midterm elections.

Suspending any elective official during the election period without prior approval of the Comelec is prohibited under the Omnibus Election Code (OEC).

In their petition filed July 27, Aldon and Roquero also cited that on February 2, Javier “who still occupied and remained locked up inside the provincial capitol and from the room of the Office of the Governor, using and appropriating the official letterhead of the Office of the Governor issued and signed an order identified as Memorandum Order No. 015 Series of 2015, dated February 2, 2015 claiming and representing himself as governor even when he is no longer the governor and called and ordered all the heads of departments/offices to a meeting at 2:00 p.m. on that day, thereby usurping the duties, functions and authority of the Office of the Governor of the province.”

Aldon and Roquero further cited that on February 4, 2015, Javier “using and appropriating again the letterhead of the Office of the Governor,” wrote and issued a letter addressed to the branch offices of Land Bank of the Philippines (LBP) and the Development Bank of the Philippines (DBP) in San Jose, Antique, signing as governor of the Province of Antique and illegally asserting authority of the governor when he is no longer the governor.”

In said letter of Javier to the two depository banks of the Provincial Government of Antique, he wrote “This is to inform you that the undersigned is still the de jure Governor of the Province of Antique. Thus, all transactions involving the Province of Antique with your office must still be under authority of the undersigned.”

Aldon and Roquero claim that Javier committed two counts of violation of Art. 177 by issuing these two letters.