Pam’s counsel confident: ‘Disqualification case will be dismissed’

CEBU, Philippines — Incoming Cebu Governor Pamela “Pam” Baricuatro’s legal counsel expressed confidence that the disqualification case filed against her will be dismissed, describing it as “politically motivated and legally defective.”

With just a day before Baricuatro officially assumes office, her lawyer, Atty. Ferdinand Topacio, said the petition lacks merit both procedurally and substantively.

“This is politically motivated and intended to harass and vex Governor-elect Baricuatro. It’s part of a larger effort to undermine her electoral victory,” Topacio said during a press conference on Saturday, June 28.

The disqualification petition was filed by Katrina Kaye Kowalik, head of the Capitol’s social media arm Sugbo News, and received by the Commission on Elections (Comelec) a day after the May 12 elections.

Kowalik alleged that Baricuatro had violated certain provisions of the Fair Election Act—specifically Section 5 in connection with Section 3 of Republic Act No. 9006—as well as Comelec Resolutions 11086 and 11117.

The complaint was triggered by a Facebook post that surfaced shortly before the polls, claiming Baricuatro was allegedly leading with 82 percent.

Topacio outlined three key legal flaws in the complaint, beginning with what he described as an improper filing.

The case was submitted to the Comelec Regional Office rather than the Clerk of the Commission or the Law Department, as required under the Omnibus Election Code.

“Number one, mali ang pag-file,” he said, stressing that disqualification petitions must be filed before proclamation and in the proper venue.

“Pag hindi na-file properly before proclamation, kahit ngayon pa ‘yan i-file, paso na,” Topacio added.

“Since it was not filed before proclamation, expired na ‘yan kumbaga sa gamot," he said.

His second point addressed the allegation that a Facebook page named “Sixth District Cebu” had posted an unregistered election survey.

Comelec Resolution 1119 requires disclosure of the commissioner, survey firm, and methodology in such surveys. But Topacio said there is no evidence directly linking the page to Baricuatro.

“Ang tanong: sino ang nag-publish? They cannot connect that Facebook page to Governor Pam,” he said, invoking the legal doctrine of res inter alios acta, which states that third-party actions cannot be used to implicate someone uninvolved.

Third, Topacio emphasized that even if the survey was irregular, it is not a legal ground for disqualification under the Omnibus Election Code. At most, it could lead to a fine or imprisonment under the penal provisions of Resolution 1119, but not disqualification.

“Marami pong grounds of disqualification: vote buying, acts of terrorism, overspending, illegal propaganda. Pero yung survey? Wala po doon,” he said.

Beyond legal technicalities, Topacio expressed concern over the impartiality within Comelec. He cited the disqualification of Councilor Joey Uy in Manila and the nullification of the Duterte Youth party-list registration as examples of selective enforcement.

“Natatakot kami hindi dahil may merito ang kaso. But because of a pattern we’ve seen in Comelec’s recent behavior, which is disturbingly biased,” he said.

“Kapag nangyari ‘yan, maghahalo ang balat sa tinalupan. Patayan na," he said although clarified this was a figure of speech to emphasize the gravity of Comelec’s role in safeguarding electoral integrity.

Topacio, who also serves as PDP-Laban spokesperson, further expressed concern over the perceived conflict of interest involving Comelec Chair George Erwin Garcia, a former lawyer of President Ferdinand Marcos Jr.

“In the legal profession, loyalty and confidentiality to a client is sacred. Once a client, always a client,” he said.

Meanwhile, Baricuatro’s camp has already filed a response ad cautelam, or precautionary reply, even before Comelec officially required it.

In it, they denied all allegations and maintained that Baricuatro had no involvement in the unauthorized election survey mentioned in the complaint.

As of this writing, the Comelec has yet to decide whether to call a hearing or require the submission of memoranda. Topacio urged the poll body to act quickly and issue a ruling to remove the legal cloud hanging over Baricuatro’s assumption of office.

“There may be a hearing, we may be asked to submit memoranda, but there should be a decision soon para mawala ‘yung cloud sa panunungkulan ni Gov. Pam,” he said.

Topacio also took jabs at political rivals who, he said, refuse to accept the people’s will.

“Leadership is not just about winning votes. It’s also about knowing when the people no longer want you—and letting go. Show grace, show honor, show dignity,” he said.

Topacio clarified that in the event Baricuatro is disqualified, the second placer will not automatically assume the post.

Citing the April 22, 2025 Supreme Court decision in Mangudadatu vs. Comelec, he explained that the “no second placer” rule now applies, meaning the vice governor would step in under the Local Government Code.

“You didn’t vote for the vice governor to be governor. But under the law, that’s the process,” he said.

He also raised concerns about the cost of a looming election protest reportedly being prepared by outgoing Governor Gwendolyn Garcia.

“Every day may gastos. You pay for the revisors. Kami walang panggastos, sila meron. Kami pa ‘yung pinagdududahan?” he asked, noting that with more than 4,100 precincts allegedly being protested, costs could reach millions of pesos and burden grassroots-supported candidates.

He closed the press conference with a message to Baricuatro’s supporters.

“We have triumphed against considerable odds. Huwag po nating pabayaan na mayurakan ang ating tagumpay,” Topacio said. — (FREEMAN)