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CEBU CITY — Governor-elect Pamela Baricuatro has denied any involvement in an online survey cited in a disqualification case filed against her before the Commission on Elections (Comelec), calling the complaint politically motivated.
Baricuatro, through her legal counssel Ferdinand Topacio, submitted an Ad Cautelam Answer cum Memorandum on June 19, even without receiving a formal summons from the poll body.
Topacio said the filing was made "as a precaution," given the "far and wide publicity" the case has already received.
The complaint, filed by Katrina Kaye Kowalik on May 13, one day after elections, seeks to suspend or nullify Baricuatro's proclamation. It alleges violations of Republic Act 9006, or the Fair Election Act, particularly Section 5 in relation to Section 3, along with Comelec Resolutions 11086 and 11117.
Kowalik cited a Facebook post shared before the May 12 midterm elections which showed Baricuatro leading with 82-percent voter preference.
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The post lacked disclosures on who commissioned, paid for or conducted the survey, a requirement under election laws.
Baricuatro's camp maintained that she had no knowledge of the online post, nor did she approve or authorize its release.
Her lawyers also challenged the authenticity of the material cited in the petition.
"We categorically deny any involvement in the online survey," her official answer read.
Topacio added that they only managed to secure a copy of the petition through their own initiative on June 16.
"We have compelling reasons to believe that the complaint was filed at the behest and instigation of the Garcia camp," Topacio said, referring to outgoing Gov. Gwendolyn Garcia, whom Baricuatro defeated by a margin of over 342,000 votes in the recently concluded polls.
Topacio described the complaint as "founded on mere conjectures and unprovable allegations," claiming it was filed "for mere harassment rather than for legitimate or serious motivations."
He pointed out that allies of Garcia had been publicizing the complaint during the canvassing of votes, which he said was a calculated move to undermine Baricuatro's impending proclamation.
Baricuatro, who ran under Partido Demokratiko Pilipino-Laban, garnered a total of 1,107,924 votes and was officially proclaimed governor on May 13.
Her camp claimed that her landslide win was a reflection of the people's will and should not be overturned by what they view as technical harassment.
"We are confident that the chair[man] and members of the Comelec will prove true to their bounden duty of ascertaining what the voters really desire instead of substituting their judgment therefore," Topacio said.
Aside from the disqualification case, Baricuatro's election victory is also being contested through a separate election protest filed by Garcia, alleging machine fraud.
Baricuatro is scheduled to assume office on June 30 through a simple inauguration that will be attended by several national officials, including Vice President Sara Duterte.