The Commission on Elections is expected to rule soon on the disqualification case filed against Pasay City Mayor Imelda Calixto-Rubiano and her brother Rep. Antonino Calixto over charges of alleged widespread vote-buying activities in the 2019 local and national elections.
“Both parties have already complied and completed the submission of required litigation documents on this pre-election case to the First Division of the Comelec, thus, it can now resolve the case judiciously. The case is ripe for resolution,” said Bernardo Anabo Jr., petitioner in the case.
There was no immediate comment from the Comelec.
Anabo filed the disqualification case against Rubiano and Calixto on May 10, 2019, three days before the elections, at the Clerk of the Commission of the Comelec which was docketed under SPA Case No.: 19085 (DC).
“I have a very strong case against them, aside from the fact that extensive vote-buying activities of respondents on or before May 13 elections were of public knowledge—and that testimonies of witnesses on it could never be smashed by deceit and lies as first-hand facts and knowledge they have on vote-buying by Rubiano and Calixto will surely withstand all tests in court,” he said.
Anabo charged Rubiano and Calixto for violating Section 261 (a)(1), Article XXll of the Omnibus Election Code of the Philippines and Section 68 of Article lX of OECP.
He said: “Section 68 Disqualification, states: Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court, guilty of, or found by the Commission of having (a) given money or other material considerations to influence, induce or corrupt the voters or public officials performing electoral functions. Benjamin Chavez
(b) Committed acts of terrorism to enhance his candidacy; (c) Spent in his election campaign an amount in excess of that allowed by this Code; (d) Solicited, received or made any contribution prohibited under Section 89, 95, 96, 97, and 104[ or (e) Violated any of Section 80, 83, 85, 86 and 261 paragraphs (de, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. xxxxx”
He said both Rubiano and Calixto and others also faced criminal charges for vote-buying and vote-selling in another case before the Office of the Regional Election Director (National Capital Region)-Comelec under E.O Case No.: 19-155.
“Comelec records show that this case is now under preliminary investigation under Director Jovencio G. Balangquit on the directive of Comelec-NCR chief lawyer Temie P. Lambino,” Anabo claimed.
Furthermore, he claimed, Calixto and two other respondents namely: Manuel E. Leycano, City Treasurer and Alegria Casugay, City Accountant, were sued, too, for violation of Comelec Resolution No.: 10511 in relation to Section 261 (V) of OECP, a prohibition against release, disbursement or expenditure of public funds also at the office of NCR Director Lambino.