COTABATO CITY — The United Bangsamoro Justice Party (UBJP) has formally asked the Commission on Elections (COMELEC) to investigate and declare a failure of election in affected polling places and precincts in the 2nd Parliamentary District of Cotabato City, citing alleged violence, threats, intimidation, coercion, pre-shaded ballots, flying voters and other serious electoral irregularities during the September 14 Bangsamoro Parliamentary Elections.
In an urgent letter addressed to COMELEC Chairperson George Erwin M. Garcia, the UBJP said the reported incidents may have seriously impaired the ability of voters to freely exercise their right of suffrage and prevented party watchers and other authorized representatives from effectively monitoring the voting and counting processes.
The request was signed by Atty. Lanang T. Ali, Jr., chair of the UBJP Legal Committee, and was filed under Section 6 of Batas Pambansa Blg. 881, or the Omnibus Election Code.
The party said it received and documented reports of several serious incidents during election day, including a grenade explosion in Purok Amirol, MB Kalanganan, a shooting incident in Bagua II reportedly resulting in three deaths and seven injuries, and another shooting incident at Central Pilot School reportedly leaving four people injured.
The UBJP argued that these incidents should not be viewed solely as isolated acts affecting individual victims.
According to the party, violence and intimidation in or around election areas could have affected the ability of legitimate voters to reach polling places, cast their ballots freely and participate without fear. The incidents could also have compromised the ability of political-party watchers to observe voting, ballot handling and counting.
Allegations of pre-shaded, pre-marked ballots
The UBJP also raised serious allegations concerning the integrity of ballots used in some polling places.
The party said it received reports of ballots that were allegedly already shaded or marked before being handed to voters. Some allegations reportedly involved ballots containing marks corresponding to particular candidates before issuance, while others allegedly involved persons other than the voters participating in the marking of ballots.
The complaint further alleged that some voters were pressured to accept or use pre-marked ballots and that objections raised concerning questionable ballots were allegedly disregarded.
The party also alleged that some questioned ballots may have subsequently been included in the counting process.
The UBJP asked COMELEC to secure and examine the ballots, ballot accounting records, minutes of voting, election returns and other relevant election materials.
Among the questions it wants the poll body to determine are the number of ballots allegedly pre-shaded or pre-marked, who had custody of them before issuance, who made the questioned markings, whether the ballots were counted, which candidates or parties received the questioned votes, and whether such votes could have affected the election results.
These allegations, if substantiated, could raise questions involving ballot integrity, voter autonomy, unauthorized ballot marking and possible electoral fraud.
UBJP raises alleged flying voters, unauthorized voting
The party likewise reported alleged cases of “flying voters” and other forms of unauthorized voting in concerned precincts.
According to the UBJP, the reports included individuals allegedly voting under another person’s name or voter information, appearing or attempting to vote in more than one precinct, or casting ballots despite questions concerning their identity or voter registration.
The party also alleged that some individuals were admitted to vote despite objections from legitimate voters or election watchers.
The UBJP is asking COMELEC to conduct a precinct-level reconciliation of the official list of registered voters, voter verification records, election documents, ballot accounting records and election returns.
Where legally available, it also wants the Commission to examine biometric and electronic records to determine whether individuals who actually cast ballots corresponded to the qualified voters registered in the affected precincts.
Party stresses cumulative impact
Importantly, the UBJP clarified that it is not claiming that every individual irregularity automatically constitutes a failure of election.
Instead, the party is asking COMELEC to examine the cumulative effect of the reported incidents.
The UBJP said the alleged violence and intimidation may have suppressed legitimate votes by preventing or discouraging qualified voters from freely participating, while alleged pre-shaded ballots and unauthorized voting could have introduced questionable votes into the official count.
“If established by evidence,” the party’s allegations could therefore point to two potentially simultaneous effects: legitimate votes being suppressed while questionable votes were introduced into the count.
The UBJP said the central issue for COMELEC is whether the elections in the affected areas remained capable of producing a free, genuine and credible expression of the electorate’s will.
The party invoked Section 6 of the Omnibus Election Code, which provides a legal mechanism for declaring a failure of election when circumstances covered by the law prevent or seriously impair the conduct of elections. It also cited provisions of the Bangsamoro Organic Law and the democratic and peaceful political principles embodied in the Comprehensive Agreement on the Bangsamoro.
The UBJP’s filing does not, by itself, establish that the alleged irregularities occurred or that a failure of election has been declared. Those matters remain subject to verification, investigation and determination by the COMELEC and other competent authorities.
The request comes as the Bangsamoro Parliamentary Elections were conducted across the Bangsamoro region on September 14, with Cotabato City among the key areas where election-related security and integrity concerns were closely watched.
The UBJP is seeking immediate action by COMELEC on its allegations and its request for investigation and possible declaration of failure of election in the affected polling places and precincts.