A candidate for congressman in Makati’s 2nd District is facing a disqualification case after public records revealed his alleged conviction for drug dealing and burglary in the United States.
Gaudencio Babasa Jr. in October filed a petition before the Commission on Elections (Comelec) to cancel or deny due course to the certificate of candidacy (COC) of incumbent Makati City Councilor Dennis Almario, citing official records from the New Jersey Judiciary that show Almario was convicted of drug dealing and sentenced to five years in prison. He was also convicted of burglary, serving 44 days in jail and two years of probation.
In his petition, Babasa through counsel argued that “the failure to disclose conviction of crimes punishable by imprisonment of more than 18 months or classified as crimes involving moral turpitude goes into the heart of the eligibility of the candidate.”
In his petition, Babasa through counsel argued that “the failure to disclose conviction of crimes punishable by imprisonment of more than 18 months or classified as crimes involving moral turpitude goes into the heart of the eligibility of the candidate.”
“These are material representations which may be utilized as grounds to cancel or deny due course to a certificate of candidacy under Sec. 78 of the Omnibus Election Code.”
Babasa stressed that Almario made a misrepresentation in his COC by failing to disclose these convictions. In response, Almario—represented by the Subido Pagente Certeza Mendoza & Binay Law Offices—argued that the evidence presented lacked proper authentication. His legal team also claimed that even if the convictions were valid, the crimes do not constitute moral turpitude under Philippine law.
On January 21, the Comelec First Division dismissed Babasa’s petition, stating that the documents submitted were not properly authenticated. While it cited Supreme Court jurisprudence that a candidate’s failure to disclose a conviction for a crime involving moral turpitude constitutes false material representation, the Comelec ruled that “there is no proof that Respondent was indeed convicted of crimes involving moral turpitude” as “the evidence submitted were not properly authenticated.”
In response, Babasa filed a motion for reconsideration on January 27, asserting that the evidence is self-authenticating under Sec. 19(a) of Rule 132 of the Revised Rules of Evidence, which recognizes official records from foreign tribunals as public documents. The motion emphasized that authentication is only required for private documents, not for official court records.
To further establish Almario’s identity, Babasa presented additional evidence showing that the birthdate in Almario’s COC matches the birthdate of one Dennis Almario cited in the New Jersey court records. The name of Almario’s spouse and his previous address in New Jersey also match the details in the conviction records.
“The respondent never denied that the subject of the Case Files attached to the Petition was him. He merely denied the authenticity of the documents,” the motion stated.
“His failure to deny the said allegations clearly show that he has admitted the said convictions.”
To further back up his case, Babasa submitted a certified and apostilled Judgment of Conviction issued by the Superior Court of New Jersey and urged the Comelec to reverse its decision and disqualify Almario.
With the start of the 45-day campaign period for local candidates set to begin on March 28, the Comelec First Division has yet to rule on the motion for reconsideration.
