THE camp of Gov.-elect Pamela Baricuatro clarified that while they are not questioning the Commission on Elections (Comelec) process, they have expressed deep concern over possible irregularities in the disqualification case filed against her. They warned of a potential “miracle move” that could cast doubt on her recent electoral victory.
“We’re not questioning the process, but we’re expressing concern that something irregular might happen — because it is they who are challenging us. We are now on the defensive, even though Governor Pam’s victory is very clear,” said legal counsel Ferdinand Topacio during a press briefing on Saturday, June 28, 2025.
Topacio stated that the disqualification case, filed by Cebu voter and former Capitol media officer Katrina Kaye Kowalik a day after the May 12 elections, is both legally baseless and procedurally flawed. He pointed out that the complaint was submitted to the Comelec 7 office instead of the Clerk of the Commission or the Law Department, as mandated by the Omnibus Election Code.
“A disqualification petition must be filed with the Clerk of the Commission or the Law Department… but this one was filed before the regional director, which is incorrect,” he said.
He added that the case cannot be refiled since the filing period has already lapsed.
No evidence
Topacio also challenged the petition’s claim regarding an alleged online survey shared through a Facebook page called “Sixth District Cebu.” He emphasized that there is no evidence directly linking the page — or the survey — to Baricuatro.
“That may be true, but the deeper question is: who published it? They cannot connect that Facebook page to Governor Pam,” he said.
Even assuming a violation of Comelec Resolution 1119, Topacio argued it does not constitute a legal ground for disqualification. At most, he said, it may be considered an election offense punishable by fine or imprisonment, but it cannot be used to invalidate a candidacy.
“Publishing a survey is not a ground for disqualification. At most, it may be a criminal offense — but it does not warrant disqualification,” he said.
The Baricuatro camp is more alarmed by what they perceive as a recent pattern of Comelec decisions that appear to favor administration allies. Topacio cited as an example the Comelec’s acceptance of a late petition against Councilor Joey Uy, which led to his disqualification.
“We’re not afraid because the case has merit — we’re afraid of Comelec’s recent pattern of blatantly siding with the administration,” Topacio said.
Although the Comelec has yet to issue a formal summons, Baricuatro’s legal team filed an Ad Cautelam Answer-Memorandum before the Comelec Law Department on June 19, citing the wide publicity surrounding the case.
Baricuatro is expected to take her oath as Cebu governor on Monday, June 30. Her camp maintains that the petition is politically motivated and designed to derail a clear electoral mandate. / CDF