MANILA, Philippines – A Batangas governor hopeful on Tuesday, February 25, filed a disqualification case against Construction Workers Solidarity (CWS) Party-list, which he accused of vote-buying through a giveaway activity of three sedan cars during the Barako Fest celebration in Lipa held from February 13 to 15.
Gubernatorial candidate Jay Ilagan filed the petition with the Commission of Elections (Comelec) on Tuesday. He is running for governor of Batangas, but claims to be filing the case as a “concerned citizen.”
Ilagan’s petition included video evidence of his vote-buying claim. One piece of evidence was Batangas vice governor aspirant Lucky Manzano’s live video on February 13 showing his mother, actress and former Batangas politician Vilma Santos-Recto announcing the mechanics of one of the activities: a last-to-take-hands-off challenge.
In the game, participants were to keep their hands on the car for as long as possible, and the last participant standing gets to take home the car as a prize. Santos-Recto, one of Ilagan’s rivals, announced that CWS Representative Edwin Gardiola, who stood next to her in a CWS vest, sponsored the three cars.
Three winners took home the cars, according to the petition. Ilagan claimed that this was vote-buying, prohibited by Section 261(a) of the Omnibus Election Code, and Article II, Section 24 of Comelec Resolution No. 11104. The activity also happened within the 90-day national campaign period leading to the May 2025 elections.
“The said act seeks to unduly influence voters and provides an unfair advantage to the respondent, CWS Partylist, over other candidates and aspirants,” llagan wrote in his petition.
The petitioner appealed for Comelec’s investigation into the activity, as well as for CWS to be held liable for violating election laws, and subject to possible disqualification.
Burden on respondent to disprove
Comelec earlier created an anti-vote-buying committee, which enables citizens to report any case of vote-buying they might see to the committee.
But because Ilagan filed this as a disqualification case, it will be raffled to one of the Comelec divisions.
Comelec Commissioner Ernesto Maceda Jr., who had yet to read the case at the time, presumed that the respondent was being accused of violating the commission’s anti-vote buying resolution, which prohibits activities like games and talent shows which involve the distribution of prizes where the name of the candidate is clearly posted.
“If that is what happened in this case, then that is already presumed to be a violation. In which case, the burden is now shifted on the respondent…to disprove that they are vote-buying,” Maceda told reporters.
Maceda said that sponsorship would have been allowed if it was done anonymously. “Pero oras na inanunsyo mo, nilagay mo ‘yung pangalan mo doon, may tarpaulin or banner, presumptively, that’s already vote-buying,” he said, still emphasizing that he had not yet seen the case.
(But the moment you announce it, and you put your name on it, there is a tarpaulin or banner, presumptively, that’s already vote-buying.)
Maceda said while there have not been any vote-buying convictions in recent history, there have been disqualifications for abuse of state resources. Gardiola is a sitting congressman who is running for reelection.
Rappler has reached out to CWS for their comment on the matter, but they have not responded as of posting time. We will update this story when they do. – Rappler.com