THREE petitions were filed seeking to exclude 61 suspected flying voters from the Commission on Elections’ (Comelec) list of voters in Barangay Sambag I, Cebu City.
Lea May Caballero filed the three petitions before the Municipal Trial Court in Cities in an effort to prevent the persons from voting in the Barangay and Sangguniang Kabataan (SK) elections on Oct. 28.
Caballero's lawyer, Julius Ceasar Entise, said the youths should be excluded from the Comelec's list of voters for failure to meet the age requirement and the mandatory six months residency.
The petition cited Comelec Resolution 9717, or the Rules and Regulations for the Registration of Members of the Katipunan ng Kabataan.
Caballero, a youth council member in Barangay Sambag I, named lawyers Marchel Sarno and Evangeline Abatayo and Rhea Angtud—members of the Election Registration Board of Cebu City's North District—in her petitions.
Under Republic Act 8189 or the Voters Registration Act of 1996, any voter, candidate or political party representative may challenge, under oath, any application for registration.
Caballero said some of the subjects of her petition allegedly falsely claimed to be residents of Barangay Sambag.
She said that the 61 names also included persons who claimed to be minors, or aged 15 but not more than 18 years old. She alleged that these persons lied about their age.
Section 1 of Comelec Resolution 9717 states, among others, that those who may register and vote in the village and youth council elections are those who are at least 15 years old, but not more than 18 years old.
The registrant must also be a resident of the village for at least six months prior to the election day.
Caballero asked the court to exclude the respondents' names from the list of voters of Precinct 53 in Barangay Sambag.
Last Aug. 29, Lawyer Jade Ponce filed a complaint asking the trial court to remove about 352 people from the voters' list in Barangay Pasil.
Ponce got barangay captains to certify that the 352 persons were registered voters in their villages, not Pasil.