Comelec-7: Gwen’s election protest won’t affect Pam’s assumption

Local

THE Commission on Elections-Central Visayas (Comelec-7) clarified that the electoral protest filed by outgoing Cebu Gov. Gwendolyn Garcia will not affect the scheduled assumption of governor-elect Pamela Baricuatro on June 30.

“Wala na [makapugong] kay proklamado na siya,” said Comelec-7 Director Atty. Francisco Pobe, referring to Baricuatro’s proclamation.

Pobe, however, noted that Garcia's camp may still seek a temporary restraining order from the Supreme Court to prevent Baricuatro from formally taking office.

Although Garcia publicly confirmed her electoral protest only on June 3, Pobe said it may have already been filed earlier with the Comelec central office in Manila.

He explained that under election rules, any protest must be filed within 10 days following the conduct of the proclamation of winners.

Pobe also clarified that since the position in question is at the gubernatorial level, the protest must be submitted directly to the Commission’s main office through the Electoral Contests Adjudication Division.

Pobe added that election protests involving barangay and municipal positions are filed before the Regional Trial Court, while congressional races are handled by the House of Representatives Electoral Tribunal.

For senatorial positions, the Senate Electoral Tribunal has jurisdiction.

Baricuatro, who defeated Garcia by over 340,000 votes, was proclaimed governor-elect with 1,107,924 votes, compared to Garcia’s 765,051.

Garcia is contesting the results from more than 4,100 clustered precincts across Cebu province.

Her camp may seek a recount or even the nullification of results in certain areas, according to Pobe. The hearing, however, could take time due to legal complexities.

The outgoing governor has alleged that technical and software-proven irregularities occurred, resulting in votes meant for her being credited to her opponent.

Garcia said during a meeting at the Cebu Provincial Capitol that there was growing proof the votes intended for her were, in fact, credited to her opponent.

“Bisan ngadto sa kabukiran, daghan pa ang nangutana. ‘Dili mi katuo, ngano man to? Wala man mi kaila ana niya,’” she said

Ballot boxes from the 4,120 contested clustered precincts will be delivered to the Comelec Central Office in Manila for recount.

Pobe said the filing cost, depending on the number of precincts contested, is estimated at P20,000 to P25,000 per precinct.

This means Garcia’s camp could pay between P82 million and P103 million in filing fees alone.

Despite the wide vote margin, Garcia insisted the result did not reflect the “honest will of the people.”

She said her team is confident in the evidence they are gathering and has asked Comelec to act on the protest with urgency.

In response, Baricuatro’s transition team expressed surprise over the legal move.

“We are yet to receive a copy of the electoral protest. And as soon as we secure the document, we will provide relevant comments,” said Atty. Edmund Lao, head of Baricuatro’s transition team.

“It is surprising that such remedy is being availed by outgoing Governor Gwen Garcia’s camp considering that Governor-elect Pam Baricuatro received an overwhelming 1.1 million mandate from the Cebuanos,” he added.

Baricuatro, a first-time candidate and former flight attendant, ran under the Partido Demokratiko Pilipino banner. She is set to become Cebu’s 25th governor and the second woman to be elected to the province’s highest post.(MyTVCebu)