In Mandaue City: Cases prepared vs those involved in flying voter activities

CEBU, Philippines — The legal counsel of a barangay captain, who is seeking the exclusion of at least 200 registered voters in Mandaue City, announced that cases of election offense and perjury have been prepared against individuals allegedly involved in flying voter activities.

Lawyer Julio Caesar Entise informed reporters on February 18, 2025, that this would be their next course of action if the Regional Trial Court upholds the Municipal Trial Court in Cities Branch 2's decision to dismiss all 28 petitions filed by former Subangdaku Barangay Captain Ernie Manatad.

Manatad had filed cases before the Municipal Trial Court, seeking the exclusion of at least 200 registered voters in Mandaue City.

He alleged in his petition that the respondents are fictitious or “flying voters” registered as transferee voters in barangays where they are not actual residents.

Since the MTC dismissed the petition, the appeal is now pending before the Regional Trial Court.

“Kung makalusot man gani sa exclusion, naa tong election offense nga among gi prepare,” Entise stated.

Entise mentioned that another legal action is set to be filed against over 600 newly transferred voters in Mandaue City.

The upcoming petition will challenge the legitimacy of the registration and oath-taking of these transferee voters with the Commission on Elections (Comelec).

While the identity of the complainant remains undisclosed, Entise confirmed that the legal action will proceed. He explained that they are verifying whether these voters are legitimate residents of Mandaue or if they were transferred from other areas.

"Dili man sad ta ka pataka og file og kaso, we have to verify and that is what is going on," Entise said.

Based on their initial verification, some individuals are living in other towns and are not residing in Mandaue City, despite the upcoming election.

Entise revealed that a comprehensive verification process, including field validation, is underway. They are examining all 271 precincts to determine if the transferee voters are permanent residents of Mandaue. Upon completing the verification, they intend to file a case with the City Prosecutor’s Office.

“These voters can still cast their ballots if their names remain on the list, but if we prove that they are not from Mandaue, they can be jailed,” Entise warned.

He explained that even if the registered individuals are not excluded before the elections, the issuance of arrest warrants for offenses could affect their ability to vote.

"Makabotar sila if dili matangtang ilang ngan sa lista pero mapriso pod sila if there will be probable cause nga dili gyud sila taga Mandaue City, madakpan sila kung muari sila para mobotar," he added.

Entise noted that while the initial petition targets 600 transferee voters, additional individuals could face charges. The total number of transferees in Mandaue is reportedly around 5,000, and the legal team plans to identify those not residing in the city.

The election offense case will focus on voters who transferred their registration to Mandaue without having actual residency in the city.

Additionally, Entise stated that these registered voters could face perjury charges for falsely declaring themselves as Mandaue residents in their voter registration forms.

“For transferring their registration here (Mandaue City) despite the fact that they don’t have a residence here, igo sila ana, and another thing is perjury for lying under oath,” Entise said.

“Under oath man gud to ilang gi fill-upan para makat-on sila unsa to ka sagrado ang ilang gi fill upan,” he added.

Under election laws, a voter must have established residency in the locality at least six months prior to the election.

Entise expressed concern that Comelec's requirements for individuals wishing to transfer registration only involved presenting a valid ID and filling out a form, without requiring proof of actual residency.

“It was shocking and surprising that the only requirement is to fill-up a form and present a valid ID, the valid ID doesn’t even need an address sa transferee voter,” Entise said.

He argued that the distinction between "residence" and "domicile" is crucial in election laws, explaining that the six-month residency requirement mandated by Comelec should specifically refer to domicile.

“When you say domicile, it is a residence with an element of permanency. A person can have multiple residences but only one domicile, mao na ang interpretation under election laws,” he emphasized.

The case against the 600 transferee voters is still being reviewed, with field verification ongoing. The legal team is examining voter records, precinct assignments, and addresses to verify if these individuals are indeed residents of Mandaue.

Entise confirmed that the election offense case will be filed before the upcoming elections on May 12.

“Our goal is to ensure that only legitimate residents participate in Mandaue’s elections. We will file these cases any time before the election,” Entise stated. — (FREEMAN)