‘Case vs Baricuatro will not prosper’ 

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CEBU CITY — The camp of incoming Cebu Gov. Pamela Baricuatro expressed confidence that the disqualification case filed against her will not prosper, citing what they described as serious procedural and legal flaws in the complaint.

GOV’S LEGAL COUNSEL Lawyer Ferdinand Topacio speaks to the media in Cebu City on June 28, 2025, asserting that the disqualification case against Governor-elect Pam Baricuatro is flawed and politically motivated. PHOTO BY KAISER JAN FUENTES

Baricuatro’s legal counsel, Atty. Ferdinand Topacio, said the petition filed by Katrina Kaye Kowalik lacks merit and was intended to harass the governor-elect. 

The complaint, submitted to the Commission on Elections (Comelec) the day after the May 12 elections, alleges that Baricuatro violated provisions of the Fair Election Act and related Comelec resolutions after a Facebook page posted a survey showing her leading with 82 percent.

Topacio emphasized that the petition was filed before the Comelec Regional Office rather than the Clerk of the Commission or the Law Department, which he said is required under the Omnibus Election Code. 

He added that since the filing occurred after Baricuatro’s proclamation, the petition is considered time-barred.

He also argued that there is no evidence directly linking Baricuatro to the Facebook page “Sixth District Cebu,” which published the alleged survey. 

Under legal doctrine, he said, third-party actions cannot be used to implicate a candidate without proof of connection.

Additionally, Topacio explained that publishing a survey, even if deemed irregular under Comelec Resolution 1119, is not a legal ground for disqualification. 

At most, he said, it may be classified as an election offense punishable by fine or imprisonment, but it does not nullify a candidate’s victory.

“The case 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 in a press conference on Saturday, June 28.

Although the Comelec has yet to issue a formal summons, Baricuatro’s legal team preemptively filed an Ad Cautelam Answer cum Memorandum before the poll body’s Law Department, citing the wide publicity of the complaint.

Topacio also pointed to a pattern of recent Comelec rulings that appeared to favor administration allies, citing the disqualification of a Manila official and the Duterte Youth party-list case. 

He raised concerns over possible bias due to the poll body being composed of presidential appointees.

Despite these concerns, the Baricuatro camp reiterated that they are not challenging the Comelec’s authority but are closely watching the developments to ensure that due process is followed.

Baricuatro is scheduled to assume office as Cebu governor on Monday, June 30.