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CEBU CITY — A resident of Barangay Talamban has filed a petition before the Commission on Elections, seeking to disqualify Mayor Raymond Alvin Garcia, whom the complainant accused of using government resources for his campaign, with a scant five days to go before the midterm polls.
Analiza Pilunes Maglasang alleges in her 26-page petition filed on April 19 that Garcia violated Section 261(v)(2) of the Omnibus Election Code, which bars the disbursement of public funds for social welfare projects during the 45-day campaign period.
This is the first disqualification case filed against Garcia since the Ombudsman dismissed all eight earlier cases questioning his assumption as mayor.
Garcia took over as acting mayor after Michael Rama was preventively suspended on May 8, 2024, and was installed as full-fledged mayor on Oct. 3 after Rama was dismissed for nepotism and grave misconduct.
Maglasang alleged that Garcia distributed rice and used city resources during the campaign period to promote his candidacy.
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She cited multiple events in her complaint, including a March 11 rice distribution activity in Barangay Duljo-Fatima, a monetary aid distribution under the Cebu City Hospitalization Assistance and Medicines Program (Champ) on April 15, and a turnover of an ambulance to Barangay Sudlon II on April 28.
Maglasang stated in her petition that "allowing public officials to use the people's money to influence the electorate harms the democratic process."
She also alleged that Garcia "hijacked" the distribution of aid through the Cebu City Disaster Risk Reduction and Management Office (CCDRRMO) and the Department of Social Welfare and Development (DSWD).
Under Comelec Resolution 11060, social welfare aid distributions during the campaign period are prohibited unless exempted, and candidates are barred from being present at such events.
Garcia, in response, dismissed the complaint as "politically motivated" and accused his opponents of resorting to "media propaganda" due to his lead in recent surveys.
He questioned whether the petition was even formally received by the Comelec and referred to it as being "just for media consumption."
He claimed that the petition was released to the public to generate "negative" coverage against him and insisted he had been "very, very careful in implementing programs" in compliance with election laws.
Maglasang, however, is being supported by a legal team led by lawyer Amando Virgil Ligutan.
Ligutan issued a warning to all candidates and government officials not to use public funds to boost their campaigns.
He said they were deploying almost a hundred lawyers and paralegals across the city with the sole mission of documenting and filing cases of vote buying, which he claimed had become rampant in Cebu City.
Under Section 68 of the Omnibus Election Code, candidates found guilty of using government resources for campaigning may face disqualification or the nullification of their election victory.
The Comelec Central Visayas has not released a statement on the petition as of this writing.
Garcia is seeking his first full term as mayor and is running against former mayor Rama, City Councilor Nestor Archival, former Customs commissioner Yogi Ruiz, and independent candidate Juliette Co.