Commission on Elections

Ateneo de Davao University

E. Jacinto St., Davao City

Office of the Legal Division RE: 2012 SAMAHAN Elections WHEREAS, the Commissioners of the Commission on Elections, headed by Mr. Jason Occidental, the COMELEC chairperson, received six (6) complaints on February 08, regarding the Campaign Violation committed by Ms. Willien Ann Erbito, an incumbent Internal Vice President of the General Assembly of Class Presidents (GACP), requesting the Commission to take courses of action and to give due sanctions in response to such complaints. WHEREAS, the COMELEC Commissioners, upon reaching prescribed quorum, convened and discussed the matter. WHEREAS, the Commissioners together with the complainants and the representatives of each political party, gathered last Saturday, February 9, around 12:05 pm at J205 , to discuss the matter regarding the complaints passed last February 8 by the six (6) concerned students. WHEREAS, according to the complaints filed by Ms. Dianne Trixie Li, Ms. Al Marie Palanas, Ms. Audrey Kristina Maypa, Mr. Joseph Yzrael R. Agra, Mr. Felileo Beltran , and Mr. Chuck Steven Torre, on the social media site Youtube, Ms. Willien Ann Erbito, on Feb. 3 and 6, posted the videos of Ms. Jemimah Pearl Meki Dlonsod , Ms. Patricia Regino, Ms. Anna Macrohon, Mr. Cornelio Yap, Ms. Marie Claire Ruyeras, and Mr. Peter Jules Canete. The captions on the six (6) videos read:

Lead by Choice, Lead by Example

The PRESIDENT who will make the IMPOSSIBLE possible! The PRESIDENT who will ACT! The PRESIDENT who will DELIVER! Vote for my PRESIDENT, your PRESIDENT! VOTE Jemimah Pearl DLonsod for SAMAHAN President! VOTE PILASAPAT!!^.^ - February 3, SUNDAY Patunguhan ay Klaro kay PAT REGINO! The Official Facebook fan page of Pat Regino for Secretary General. Please vote for her as your next Secretary General on Feb 21-23 2013 at Thibault Grounds. VOTE PIGLASAPAT!^.^ - February 3, SUNDAY Siguradong alagang alaga Ang Nursing sa CURA SON ni Anna MACROHON! Your NREPRESENTATIVE! Serbisyong Tpat, PILASAPAT. - February 6, WEDNESDAY Para sa isang LUMELEVEL- UP NA CS! Cornelio YAP! For your next CS REPRESENTATIVE! Serbisyong Tapat, PIGLASAPAT! - February 6, WEDNESDAY
Para sa isang NSM na walang Katulad! Botohin niyo si Claire RUYERAS! YOUR NEXT NSM REPRESENTATIVE! Serbisyong Tapat, PILASAPAT! - February 6, WEDNESDAY Making a huge step for the ENTIRE BM DIVISION! Peter Jules CANETE! Your next BM REPRESENTATIVE! Serbisyong Tapat, PIGLASAPAT! - February 6, WEDNESDAY

WHEREAS, according to the complaints, as an incumbent Internal Vice President of the General Assembly of Class Presidents (GACP), Ms. Willien Ann Erbito has not filed any formal Leave of Absence or Letter of Resignation. Her position as incumbent Internal Vice President of GACP means that she is an incumbent SAMAHAN officer and is still obligated to follow Section 21 Article 3 of the 2013 SAMAHAN CENTRAL BOARD ELECTION Guidelines, which states that:

Lead by Choice, SICO, CCO, GACP, AFYOP, and the Division Students Executive Committees are highly discouraged to express forms of partisan by supporting any candidate/s in any form. Moreover, the Lead by Example

SAMAHAN, as a government expected to show neutrality, is strictly not allowed to endorse any candidate. Any incumbent SAMAHAN officer who wishes to violate this section is required to submit a Letter of Resignation to the Commission on Elections Office. WHEREAS, Ms. Willien Ann Erbito, sincerely admitted that it was an honest mistake and acknowledged her carelessness and lack of prudence on the said matter. She explained during the hearing that the said account was intentionally made for the Piglasapat party and not for her own personal use. WHEREFORE, is it prima facie that every SAMAHAN officer should know the provision stated above. Thus, Ms. Erbito is proven to have breached the provision by using his position to endorse the following candidates sated above. WHEREFORE, the Commission on Elections considered the matter as the FIRST violation of Ms. Erbito subject to a WARNING. The Commission on Elections also DEMANDS the immediate removal of the said captioned videos that was posted on Youtube by Ms. Willien Ann Erbito or either the immediate modifications of the said account be made if it were to be the official youtube channel of the Piglasapat party.

WHEREFORE, this decision of the Commission on Elections is final and irrevocable. SO ORDERED.

Prepared by:

Catherine Joy K. Mata Chief, Legal Division

Esther Salvie Tupas Chief, Legal Division

Approved by:

Jason Occidental Chairperson, AdDU COMELEC