The Commission on Elections (Comelec) Second Division has granted the petition to disqualify former Legazpi City Councilor Al Barizo as a candidate in the May 2022 elections.
In a 10-page resolution promulgated on May 5, Barizo, who was an incumbent councilor at the time of the commission of the offense, was found liable under Section 261 (v) (2) in relation to Section 68 (e) of the Omnibus Election Code (OEC). This prohibits the release, disbursement or expenditure of public funds by a public official or employee 45 days before election day.
In a statement released by Comelec Spokesman John Rex Laudiangco, a Facebook post March 31, 2022, allegedly by Barizo showed that he and other candidates participated in a two-day Tricycle Driver's Cash Assistance Payout activity during the prohibited period.
Barizo admitted having participated in the activity, arguing that the same was only a continuation of the cash assistance batches commenced prior to the prohibited period, but denied having knowledge of the Facebook post by a page which he claimed not to personally manage.
"But as found by the Comelec Second Division, Barizo was then heading or was a member of the Committee on Public Utilities and Energy (Transportation), in which capacity he had the "wherewithal and impetus to push for the cash dole-out intended for the tricycle drivers"," Laudiangco said in a statement.
Further, as a then-incumbent Councilor, he was "in a position to influence local legislation to favor the transportation sector."
In holding Barizo liable under Section 261(v) (2) in relation to Section 68(e) of the OEC, it stated that "even if he is not proven to have a hand in the illegal release or disbursement of public funds during the prohibited period, he sure was a prominent figure in the expenditure of those funds when those were handed out to the tricycle driver-beneficiaries."
"Respondent's participation in the said program of giving cash assistance to tricycle driver masked as a social welfare project during the campaign period undoubtedly benefitted his candidacy and buoyed his victory during the elections," the resolution read.