Comelec Dismisses Garcia's Election Protest Against Cebu Governor
The Commission on Elections (Comelec) First Division has officially dismissed the election protest filed by former Cebu governor Gwendolyn Garcia against current Governor Pamela Baricuatro. The ruling, issued on November 24, 2025, stated that the protest failed to provide sufficient evidence to support its allegations of electoral fraud.
Insufficient Evidence and Legal Grounds
In a comprehensive 24-page order, the Comelec's First Division concluded that Garcia's protest was insufficient in both form and content. The commission highlighted that the protest did not meet the required legal standard for detailing specific acts of electoral fraud, anomalies, or irregularities across the 4,120 clustered precincts that were contested.
The ruling was signed by Presiding Commissioner Aimee Ferolino and Commissioners Ernesto Ferdinand Maceda Jr. and Maria Norina Tangaro-Cadingal. They based their decision on Section 9(b), Rule 6 of Comelec Resolution 8804, which permits the summary dismissal of protests that do not adequately present their case.
Allegations Deemed Technical, Not Fraudulent
Garcia's protest had included various claims, such as:
- Machine errors and paper jams
- Rejected ballots
- Defective markers
- Mismatches between votes cast and voter receipts
Most of the supporting affidavits originated from Mandaue City. However, the Comelec determined that these incidents were merely technical issues covered by standard contingency procedures under Comelec Resolution 11101. The commission asserted that these common voting machine problems do not, by themselves, constitute electoral fraud.
Mathematical Impossibility to Overcome Lead
The Comelec order delivered a final, decisive blow to the protest's viability through a numerical analysis. Even if the commission were to credit all alleged overvotes in Garcia's favor, she would still be unable to overcome Baricuatro's commanding lead of 342,873 votes.
For these reasons, the Commission (First Division) finds the election protest insufficient in form and content… the Election Protest filed by Gwendolyn Garcia is hereby DISMISSED, the order definitively stated.
This ruling brings a significant close to this chapter of Cebu's political contest, upholding the victory of Governor Pamela Baricuatro.
