MANILA (2nd UPDATE) — The Commission on Elections (Comelec) 2nd Division has disqualified Cagayan Governor Manuel Mamba for violating the spending ban during the 2022 elections.

Petitioner Zarah Rose De Guzman Lara, who Mamba defeated in the May elections, alleged that he committed widespread vote-buying supposedly using the funds of the provincial government, according to a Comelec press statement released Thursday.

The Comelec said that while Lara failed to prove that Mamba engaged in vote-buying, there was "strong" evidence that he violated a 45-day ban on releasing public funds ahead of election day.

The poll body said it had exempted only one program of the local government from the ban, the "No Barangay Left Behind" or NBLB project, on the condition that funds used would be reported.

The 2nd Division said there was no evidence that Mamba complied with this requirement, making it illegal for him to disburse the funds.

“Suffice it to say, failure to comply with the condition set by the Commission on the grant of exemption, nullifies the said exemption. Briefly stated, in this case, it may be considered that the grant of exemption for the NBLB is nullified, and thus, the disbursement of funds therefor is illegal for want of authority from the Commission,” the division said.

The Comelec added it gave no "express exemption" for Mamba's 2 other programs, the Oplan Tulong sa Barangay and Krusada Kontra Korapsyon.

The Comelec division pointed out that “it is all over the records of this case that” Mamba disbursed public funds during the prohibited period for the NBLB, No Town Left Behind, and Oplan Tulong sa Barangay programs. He “did not deny that there were disbursements of funds for the said projects” of the province as published by the Cagayan Provincial Information Office (CIO), the Division added.

Mamba said the programs were not "massive vote-buying activities" and were part of his duties as governor.

The Comelec was not convinced by Mamba’s contention that the NBLB and NTLB were not new programs and were not initiated for campaign purposes.

“(It) is incumbent upon Us to strictly implement the prohibition on the release, disbursement or expenditure of public funds not in accordance with existing laws, rules and regulations. Therefore, based on the evidence presented, Petitioner has overcome the burden of proof with substantial evidence to establish that Respondent violated Sec. 261 (v) (2) of the OEC (Omnibus Election Code),” the Division said.

In a statement, the office of Governor Manuel Mamba said it disagrees with the Comelec decision, adding that based on the statement of Comelec's Information and Education Department, the evidence used against the governor failed to prove alleged violations.

"Malinaw sa inilabas ng Press Statement ng Information and Education Department ng Comelec na nabigo ang mga ipinakitang ebidensiya na nagkasala at dapat idiskwalipika si Gov. Manuel Mamba sa malawakang vote-buying taliwas sa nilalaman ng petisyong inihain ni Ma. Zarah Rose De Guzman Lara," it said.

"Napaaga o premature ang inilabas na pahayag na diskwalipikado si Gov. Mamba dahil ang asunto o kaso ay nakabinbin at hindi pa pinal para ipatupad o final and executory," it added.

Mamba's camp also argued that he was given an exemption to continue his programs.

"Naninindigan ang Pamahalaang Panlalawigan ng Cagayan na pinagkalooban ng Comelec en banc ng 'EXEMPTION' ang gobernador para ipatupad ang mga proyekto, programa at aktibidad, kabilang na ang mga "continuing programs" nitong panahon ng nagdaang halalan," it said.

It also said Mamba will purse all legal remedies.

"Tinitiyak ng Tanggapan ng Gobernador na ipupursige nito ang lahat ng legal remedies na magagamit nito para lamang protektahan ang kasagraduhan ng boto at manaig ang kalooban ng Sambayanang Cagayano," the statement said.

"Mahigpit ang paniniwala ni Gov. Mamba na ang sinasabing pagbabawal ng paggasta sa pondo ng bayan sa panahon na ipinagbabawal tuwing halalan ay hindi nangangahulugan para pigilan ang mandato ng mga Lokal na Pamahalaan para ihatid ang mga batayan at patuloy na mga serbisyo para sa kaniyang mga mamamayan," it added.

Mamba may still file a motion for reconsideration within 5 days “which will be elevated to the Commission en banc,” said Comelec spokesperson John Rex Laudiangco.

Mamba is the second governor to face a disqualification order after the May polls.

The Comelec ordered Albay Governor Noel Rosal to vacate his post in November over a similar violation of the spending ban.

• Albay Gov. Noel Rosal pinababakante ang opisina matapos ang disqualification
• Supreme Court requires Comelec comment on disqualified Albay governor's TRO plea

— With reports from Harris Julio and Willard Cheng, ABS-CBN News