BACOLOD CITY – A businessman running against a re-electionist town mayor in the May 12, 2025 elections has filed a disqualification case with the Commission on Elections (Comelec) over an alleged violation of the “Kontra Bigay” provision.
Businessman Jurry Nabaja confirmed that he filed a complaint with the Comelec Kontra Bigay Committee in Manila through his legal counsel against Cauayan Mayor John Rhey Tabujara.
Nabaja visited the Comelec provincial office in Bacolod City recently but was advised by Atty. Jossil Macute, Comelec assistant regional director for the Negros Island Region, to file the complaint directly with the national committee.
The complaint seeks to disqualify Tabujara for allegedly violating Comelec Resolution No. 11104, which prohibits the abuse of state resources (ASR) during the election period.
Nabaja, who is running against Tabujara in a one-on-one mayoral race in Cauayan, alleged that the incumbent mayor was present during the distribution of social pensions for senior citizens by the Department of Social Welfare and Development (DSWD) on April 29 at the Cauayan Arts Center in Barangay Poblacion.
He contended that from March 28 to May 12, incumbent politicians are prohibited from attending or participating in the distribution of government aid.
Nabaja, accompanied by three witnesses, initially attempted to file the complaint at the Comelec provincial office but was referred to the national Kontra Bigay Committee.
Macute noted this is the first disqualification complaint referred to Comelec in the Negros Island Region for the upcoming elections.
ASR, as defined by Comelec, involves “misuse of government resources—material, human, coercive, regulatory, budgetary, media-related, or legislative—for electoral advantage.”
A copy of the complaint furnished to media stated that while the DSWD conducted the distribution, Tabujara was physically present at the venue.
Comelec has previously stated in its guidelines that exemption from the prohibition is conditional on the absence of candidates during such government activities.
Tabujara, who is seeking his third and final term, said he was invited to deliver a speech at the event as the incumbent mayor.
He said he immediately left after giving his message and did not take part in the distribution of the assistance.
Tabujara added that he is aware of Comelec’s Kontra Bigay guidelines and is prepared to respond to the complaint in the proper forum.
Macute said he could not estimate how long the case may take to resolve.
He noted that following Comelec’s rulings in two previous disqualification cases, more complaints have since been filed.
He added that if a disqualification case remains unresolved, the proclamation of a winning candidate will be held in abeyance. (Dolly Yasa via tdg)