COMMISSION ON Elections (Comelec) Chief Commissioner Jon Andre Vergara has been charged with two instances of failure to fulfill his duties in an impeachment complaint filed against him last August 22.

Prosecutors Sammy Chua, Kyle Tan and Abigail Uy filed the complaint with the Student Judicial Court (SJC). An impeachment hearing has been set on August 26.

Vergara is charged with “failure to properly fulfill most of his duties as Comelec Chief Commissioner” as defined in the Comelec Code of Internal Procedures.

The formal impeachment complaint cited two instances of Vergara’s alleged irresponsibility during the recent freshman and special elections. These were the “failure to prepare and set-up materials for the voting centers” and “failure to facilitate the logistical need… leading to the [delayed] opening of voting centers.”

Vergara allegedly violated Paragraph d, Section 2, Title III, which is the “procurement and facilitation of refurbishments and materials needed for Comelec electoral boxes,” and Paragraph e, Section 4, Title III, which is to “supervise and administer the logistics of the actual elections, i.e. setting up of voting centers.”

SJC Chief Magistrate Gerald Chua said in a text message that the hearing will allow both Vergara and the complainants to plead their cases before the magistrates in quorum, who will then decide on the final outcome.

Chua clarified that Vergara is still occupying his position in the poll body as of press time.

“Mr. Vergara is still considered a commissioner until proven guilty in the impeachment case filed against him,” he said.

Updated with clarifications 1:45 PM, August 24, 2011.