3 weeks ago
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A LEGAL case is being readied against more than 600 voters in Mandaue City for possible perjury and fraudulent voter transfer.
Julius Caesar Entise, legal counsel for former Subangdaku barangay captain and city council candidate Ernie Manatad, confirmed on Feb. 18, 2025, that his team is set to file election offense cases against these voters.
Entise explained that the case involves two violations: fraudulent voter transfer, which is an election offense, and perjury, as the individuals allegedly lied under oath by declaring themselves as Mandaue residents in their voter registration forms.
He also said they are conducting a thorough verification process, which includes field validation and checking each precinct, to confirm whether these individuals have actual residency in Mandaue.
The team did the same in an earlier case involving 200 alleged fraudulent voters but was dismissed.
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His team plans to file the case with the City Prosecutor's Office once they complete the verification.
While these voters will still be allowed to cast their ballots if their names remain on the list, Entise warned that they could face imprisonment if proven to be non-residents.
He also noted that the issuance of arrest warrants before election day could prevent them from voting.
Manatad had previously filed 28 petitions with the Commission on Elections (Comelec) to exclude 275 newly registered voters whom he accused of being "fictitious" or "flying voters."
His team conducted verifications with purok leaders to check their addresses.
However, the Municipal Trial Court in Cities (MTCC) Branch 2 dismissed the petition after some respondents appeared in court and challenged his claim that their residences were unknown.
Entise's legal team has since appealed the MTCC decision to the Regional Trial Court, arguing that only six out of the 275 respondents attended the hearing.
He believes the absence of the majority of the respondents is prima facie evidence that they do not actually live in the barangay they claimed.
Election laws require voters to establish residency in a locality for at least six months before an election.
Entise criticized the leniency of Comelec's voter transfer requirements, describing it as alarming that an individual only needs to present a valid ID and fill out a form without any strict proof of actual residency.
He pointed out that an ID does not even need to have an address for the transfer to be approved.
Entise also emphasized the legal distinction between "residence" and "domicile," explaining that a person may have multiple residences but only one domicile, which should be the basis for voter registration.
With around 5,000 new transferee voters in Mandaue, his team expects to identify more questionable registrations.
He also noted that filing election offense cases is more cost-effective than pursuing individual voter exclusion cases.
Entise said that the legal team intends to hold these individuals accountable for falsely claiming to be Mandaue residents.
Since they signed their registration forms under oath, he said they needed to understand the seriousness of their actions.
Under Republic Act 11594, which increases penalties for perjury, those found guilty could face imprisonment of six years and one day to 10 years.
Meanwhile, election offenses carry penalties of one to six years in prison.
Entise assured that they will file the case before the upcoming elections to ensure that only legitimate residents participate in Mandaue's electoral process.
