The Commission on Elections (Comelec) has officially dismissed the election protest filed by former Cebu Governor Gwendolyn Garcia, which challenged the victory of Governor Pamela Baricuatro in the May 12, 2025 elections.
Grounds for the Election Protest
Garcia filed her election protest on May 23, 2025, questioning the election results due to alleged cheating through electronic voting machines. The protest specifically cited irregularities in ballot rejection and high numbers of undervotes and overvotes for the gubernatorial position.
The former governor claimed there were 163,796 undervotes and 18,415 overvotes recorded during the counting process. Her protest covered 4,120 clustered precincts throughout Cebu Province, which had approximately 2.17 million registered voters, excluding the cities of Cebu, Lapu-Lapu, and Mandaue.
Specific Allegations and Irregularities
According to the filed affidavit, the protest included complaints from Mandaue City where the Automated Counting Machine (ACM) allegedly jammed and failed to accept ballots during initial feeding. There were also reports of voters complaining that the results printed on their voter receipts did not match the candidates they actually voted for.
Additional irregularities were reported in the cities of Talisay, Tudela, Minglanilla, and San Fernando, including complaints about paper jams, defective markers, and discrepancies between actual votes and voter receipts.
Comelec's Ruling and Reasoning
On May 27, 2025, Governor Baricuatro was given the opportunity to respond to the allegations. Her camp argued that the protest lacked evidence and failed to provide sufficient grounds for a ballot recount.
The Comelec First Division emphasized that the allegations of electoral fraud and irregularities relied on "generalized assertions falling short of the degree of specificity required by the rules and established jurisprudence."
The commission highlighted that the protest failed to meet the requirements under Section 9(b), Rule 6 of Comelec Resolution No. 8804, particularly the failure to present "detailed specifications of facts or omissions complained of showing the electoral frauds, anomalies, or irregularities in the protested precincts" as mandated by Section 7(g) of the same rule.
In its decision, the Comelec First Division stated: "For these reasons, the Commission finds the election protest insufficient in form and content... premises considered, the Election Protest filed by Gwendolyn Garcia is hereby dismissed."
Election Results Stand
During the contested election, Pamela Baricuatro received 1,107,924 votes against Gwendolyn Garcia's 765,051 votes. With the dismissal of the protest, these results remain valid and official.
Following the decision, Governor Baricuatro declined to issue any statement regarding the Comelec ruling. The dismissal marks the end of the legal challenge to her electoral victory, allowing her administration to continue without the cloud of election controversy.
