Capiz prosecutor dismisses usurpation case against Escolin

ROXAS CITY, Capiz — The Provincial Prosecutor’s Office has dismissed the usurpation case filed by Barangay Cabug-Cabug Captain Alfonso Golero against President Roxas Mayor Receliste Escolin.

In a nine-page resolution, the Provincial Prosecutor’s Office said Golero failed to present sufficient evidence to prove his case.

The resolution said no final document from the Commission on Elections (Comelec) established that the order canceling Escolin’s certificate of candidacy was final, noting that the matter had been appealed before the commission and the Supreme Court.

The prosecutor’s office said it would not preempt a Supreme Court ruling that could affect the case. The office also found that the complaint constituted forum shopping.

The provincial prosecutor’s office said the dismissal did not end the controversy because proceedings remained pending before a higher court.

A final court ruling could clarify who has the legal authority to serve as mayor of President Roxas.

Golero filed the complaint with the Office of the Provincial Prosecutor in Roxas City in July.

The complaint accused Escolin of usurpation of official functions under Article 177 of the Revised Penal Code.

Article 177 covers a person who, under the pretense of holding an official position, performs an act belonging to a person in authority or public officer without being lawfully entitled to do so.

The Comelec First Division canceled Escolin’s certificate of candidacy in a resolution dated July 11, 2025, citing material misrepresentation related to the constitutional three-term limit for local elected officials.

The division ruled that Escolin’s three-month suspension from office did not interrupt his term as mayor.

Escolin filed a motion for reconsideration, but the Comelec en banc denied it in a Jan. 20 resolution furnished to the parties Jan. 21.