(1st Update) The Commission on Elections (Comelec) granted a petition disqualifying six barangay officials from Barangay Marcelo, Calatrava, Negros Occidental, for engaging in vote-buying during the 2023 Barangay and Sangguniang Kabataan Elections (BSKE).
Commissioner Marlon Casquejo of the Comelec 2nd Division issued a 17-page decision on December 18, ruling in favor of the petition filed by losing barangay chairman candidate Maximo Rezaga Jr.
The Comelec disqualified Barangay Marcelo chairman Arnulfo Libodlibod and councilors Eddy Monterde, Joel Rosello, Prescila Patajo, Richard Diotay, Jeremias Diotay, and Elmor Marcelo.
However, after the elections, Jeremias Diotay passed away, prompting his son-in-law, Ronald Villamor Sr., to take over his position.
Hernani Cabugwas, another respondent in the complaint, unfortunately, failed to win a seat in the 2023 elections.
With this, Angelbert Gustaman remain the only member of the Barangay Marcelo council unaffected by the disqualification complaints.
Comelec provincial supervisor Ian Lee Ananoria told Brigada News FM on Thursday, January 2, that the decision had been transmitted to the respondents for appropriate action.
Ananoria, however, refrained from providing further details and cited the sub-judice rule, which prohibits discussing pending proceedings before any court, tribunal, or other government agencies.
Where it all started?
Rezaga filed the complaint, alleging that the respondents distributed 25 kilograms of rice and ₱1,500 in cash to 20 families affected by a fire at the Barangay Marcelo Public Market on September 23, 2023.
The fire severely damaged at least 11 market stalls and triggered the alleged vote-buying scheme.
Rezaga claimed that the day after the fire, the respondents—then candidates for the BSKE—announced the distribution of relief goods and cash assistance to affected families. They also allegedly announced that they would give any surplus to residents who came to the barangay hall at 2 pm.
Rezaga argued that the aid provided for ineligible beneficiaries after the fire incident exceeded the standard relief efforts and tantamounted to vote-buying.
Vote-buying?
He claimed the respondents distributed the assistance indiscriminately to influence voters, violating Section 261(a) of the Omnibus Election Code, which prohibits providing money or material benefits to sway voters.
Section 261(a) of the Omnibus Election Code defines vote-buying or vote-selling as: “Any person who gives, offers, or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or causes an expenditure to be made to any person, association, corporation, entity, or community to induce anyone or the public in general to vote for or against any candidate, withhold their vote in the election, or vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.”
The Comelec sided with Rezaga’s assertions, stating, “We are convinced that substantial evidence shows the respondents committed vote-buying.” The ruling concluded with the declaration: “WHEREFORE, premises considered, the Commission (Second Division) resolves to grant the instant petitions.”
Ananoria clarified that the decision is not yet final and executory because the respondents can still explore legal remedies, including filing a motion for reconsideration within five days from the receipt of the Comelec’s decision.
Meanwhile, he warned political aspirants, particularly ahead of the 2025 Midterm Elections, to avoid engaging in vote-buying or similar election offences.
“The Comelec is very serious in prosecuting these cases,” Ananoria said.
Reymund Titong is a Filipino journalist steadily building his voice in the field of news reporting, driven by a commitment to tell meaningful and relevant stories.
He serves as a correspondent for Rappler, maintains a personal blog on Medium, and is the communications officer of Hope Builders Organization Negros Island.