MANILA — The Commission on Elections (Comelec) has directed its Law Department to file criminal charges in court against three individuals over alleged violations of election laws in connection with the 2022 congressional elections in Santa Maria, Laguna.

Named respondents are former 2022 congressional candidate Antonio M. Carolino, his wife Santa Maria Mayor Ma. Rocelle Valdecantos Carolino, and municipal treasurer Ma. Theresa L. Lontok.

In a resolution affirmed by the Comelec en banc, the poll body ordered the filing of charges for alleged violation of Section 35 of Republic Act No. 8436, as amended by Republic Act No. 9369, which governs the Automated Election System.

Lontok was also directed to be charged for alleged violations of Section 261 (Z) (13) and (15) of the Omnibus Election Code.

However, the Comelec dismissed the charge for violation of Section 261 (Z) (22) against the respondents for lack of probable cause.

The directive to file the cases in court was contained in the minutes of the Comelec executive session held on March 18, and was signed by Chairman George Erwin M. Garcia and Commissioners Aimee P. Ferolino, Rey E. Bulay, Ernesto Ferdinand P. Maceda Jr., Nelson J. Celis, Maria Norina S. Tangaro-Casingal, and Noli R. Pipo.

The complaints were filed on February 24, 2025 before the Comelec Law Department by then congresswoman Maria Jamina Katherine Baltazar Agarao.

Antonio Carolino lost in the 2022 congressional race in Santa Maria, Laguna, with Agarao being proclaimed winner by the Comelec. Carolino later filed an election protest before the House of Representatives Electoral Tribunal (HRET), which was eventually dismissed in a January 23, 2025 ruling affirming Agarao’s proclamation.

Issues involving alleged tampering of ballots and election paraphernalia were referred by the HRET to the Comelec for further investigation and possible prosecution.

In her complaint, Agarao accused the Carolinos, Lontok, and other individuals of allegedly conspiring to tamper with ballots, including claims of irregularities in ballot box seals and markings on physical ballots in 16 precincts in Santa Maria.

The complainant alleged that some ballot boxes had improperly affixed seals, reportedly secured only with tape, and that markings and alterations were found on ballots, particularly additional shading in congressional race ovals.

The respondents denied the allegations, insisting that the ballot boxes were properly secured and rejecting claims that they were unsealed and resealed with packing tape.

They also cited Ballot Acknowledgment Receipts (BARs), which they said documented the condition of ballot boxes during retrieval and were signed by representatives and lawyers of the parties involved.

They further argued that the General Services Office of Santa Maria, Laguna, which was tasked with securing the area, would be the proper source to verify whether any unauthorized access occurred.

In recommending the filing of charges, the Comelec Law Department cited the HRET findings that the integrity of physical ballots in the contested precincts had been compromised and deemed unreliable.

The department said such findings should be given judicial notice and substantial weight, noting that these were based on ballot revision, examination, and sworn testimony.

“Reading the same altogether, this Department is in the position that there is probable cause that the Respondents may have violated Section 35 (a)(1) of RA No. 8436, as amended,” the recommendation stated.

The Comelec en banc approved the recommendation and directed the Law Department to proceed with the filing of the cases in court.