THE Commission on Elections (Comelec) has ruled to disqualify Legazpi City Councilor Al Barizo during his reelection bid in the May 2022 polls for acts prohibited under the Omnibus Election Code (OEC).
In a 10-page decision on the petition of Joseph San Juan Armogila, the Comelec Second Division disqualified Barizo for his participation in a two-day Tricycle Driver’s Cash Assistance Payout activity in Legazpi City prior to the May 9, 2022 local elections.
“Respondent’s participation in the said program of giving cash assistance to tricycle drivers masked as a social welfare project during the campaign period undoubtedly benefited his candidacy and buoyed his victory during the elections,” said the Comelec.
“We find that the pieces of evidence submitted by Petitioner are adequate to justify a conclusion that Respondent committed the offense under the Omnibus Election Code. This, in turn, is sufficient to disqualify him as a candidate for councilor in the City of Legazpi, Albay in connection with the 2022 NLE,” it said.
The OEC prohibits the release, disbursement, or expenditure of public funds involving any public official or employee within 45 days before a regular election.
An election offense carries the penalty of disqualification to hold public office as well as removal of right of suffrage.
The Comelec Second Division ruling cited the participation of Barizo, who was an incumbent councilor at the time, in the activity, along with then Mayor Noel Rosal and mayoral bet Geraldine Rosal, as seen in a social media post last March 31, 2022.
“With the presence of Respondent and spouses Rosal, who are all candidates in the 2022 NLE, during the said pay-out activity of tricycle drivers, it cannot be denied that the program was used for partisan political activity – the very evil that the law itself seeks to prevent,” said the Comelec.
The poll body also pointed how the petitioner submitted a copy of the photos from the social media post showing a distinctive man, who appears to be speaking to a crowd while wearing a shirt with a name “BARIZO” printed on it.
“Although it cannot be clearly determined from the image of the photo that the man is the Respondent himself, Respondent never denied that he was actually at the said cash pay-out activity,” said the Comelec.
In a separate interview, Comelec spokesman John Rex Laudiangco said Barizo may appeal the decision of the second division and elevate the case before the Commission en banc.
