'DQ case will be dismissed'

Kowalik alleged that Baricuatro had violated certain provisions of the Fair Election Act—specifically Section 5 in connection with Section 3 of Republic Act No. 9006—as well as Comelec Resolutions 11086 and 11117.

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The complaint was triggered by a Facebook post that surfaced shortly before the polls, claiming Baricuatro was allegedly leading with 82 percent.

Topacio outlined three key legal flaws in the complaint, beginning with what he described as an improper filing.

The case was submitted to the Comelec Regional Office rather than the Clerk of the Commission or the Law Department, as required under the Omnibus Election Code.

“Number one, mali ang pag-file,” he said, stressing that disqualification petitions must be filed before proclamation and in the proper venue.

“Pag hindi na-file properly before proclamation, kahit ngayon pa ‘yan i-file, paso na,” Topacio added.

“Since it was not filed before proclamation, expired na ‘yan kumbaga sa gamot,” he said.

His second point addressed the allegation that a Facebook page named “Sixth District Cebu” had posted an unregistered election survey.

Comelec Resolution 1119 requires disclosure of the commissioner, survey firm, and methodology in such surveys. But Topacio said there is no evidence directly linking the page to Baricuatro.

“Ang tanong: sino ang nag-publish? They cannot connect that Facebook page to Governor Pam,” he said, invoking the legal doctrine of res inter alios acta, which states that third-party actions cannot be used to implicate someone uninvolved.