Comelec issues cease-and-desist vs. reversal of Rosales, Pangasinan vice mayor's win

The Commission on Elections (Comelec) has issued separate cease and desist orders against a Pangasinan court judge and Rosales, Pangasinan vice mayoral candidate Susan Casareno to stop the court from implementing its ruling declaring Casareno the winner of last year's election, and to prevent her from taking office.

This developed after the poll body, in a February 18 Order, granted Rosales, Pangasinan Vice Mayor John Isaac Kho’s petition for preliminary injunction by citing that the implementation of the Regional Trial Court Branch 53 decision voiding Kho’s victory over Casareno in the 2025 elections after a physical recount of the ballots, which is still subject to appeal, could cause “irreparable injury” to Kho. 

“From the facts shown by the parties in the subject case, it appears that great and irreparable injury would result to Petitioner [Kho] before the issue thereon can be resolved. The Commission (First Division) hereby deems the prayer of the Petitioner for Preliminary Injunction to be in order as it finds the issues raised by the Petitioner very serious,” the Comelec said.

In addition, the Comelec said that the granting of Kho's petition “follows the dictates of prudence and fair play" because "the merits of the case will be resolved in due time and that the interest of justice will not be best served if these issues will be rendered moot and academic." 

“Wherefore, premises considered, the Commission (First  Division) hereby issues the Injunction Order directing Public Respondent Hon. Roselyn Andrada-Borja, in her capacity as  Presiding Judge, Regional Trial Court, Branch 53, Rosales, Pangasinan, and all persons under her direct supervision, to cease and desist from implementing the Decision and Order dated November 28,2025, and December 1,2025, respectively, relative to Election Protest Case  No. 2025-001-R entitled "Susan Casareno, Protestant, vs. John Isaac Kho, Protestee, as well as performing other acts/incidents relating to the aforementioned case until further orders from this Commission,” it said.

“Let the Clerk of Court of the Commission issue a writ of preliminary injunction, as it is hereby issued, upon Petitioner's posting of a bond in the amount of P100,000 which shall answer for damages that Private Respondent may sustain by reason of this injunction if it  is finally decided that Petitioner is not entitled thereto,” it added.

The Writ of Preliminary Injunction issued by the poll body, on the other hand, stated that "Now, therefore, the Commission (First Division) hereby enjoins Public Respondent Borja, Presiding Judge, Regional Trial Court, Branch 53, Rosales, Pangasinan, the Clerk of Court and all persons under her direct supervision, to cease and desist from implementing the 1) Order dated December 1, 2025 and 2) Decision dated November 28, 2025 from further proceeding with Election Protest Case No. 2025-001-R as well as performing other acts/incidents relating to the abovementioned case until further orders from this Commission. 

In the event that the above acts supposed to be restrained had already been done, the Comelec said 
parties herein are hereby ordered to maintain the status quo ante prior to the filing of the above-entitled case.

The same writ also enjoins Casareno to "cease and desist from assuming the position of Municipal Vice Mayor of Rosales, Pangasinan" until further orders from the Comelec. 

"Pending the final resolution of the instant case, Petitioner Kho shall remain at his post as Municipal Vice Mayor of Rosales, Pangasinan. Let a copy of this Writ of Preliminary Injunction be furnished to the Secretary of the Department of the Interior and Local Government for its implementation," it added.

Earlier, House Deputy Majority Leader Marlyn Primicias Agabas flagged the decision of Rosales RTC led by Borja to void the 2025 victory of a Rosales public official since “the automatic counting machines did not accurately read and counted the votes cast by the voters.”

Agabas, who did not name Kho in her privilege speech late Wednesday, instead referred to a Rosales public official who won by 1,208 votes over his opponent during the 2025 automated polls only to be declared to have lost by 1,975 voters after a physical recount.

This means a swing of 3,183 votes, a discrepancy Agabas said is alarming and could put the entire results of the 2025 polls in question.

“If it can happen in Rosales, it can happen anywhere. Ang boto ng bawat Pilipino ay sagrado. Kapag nawala ang tiwala sa proseso ng halalan, natitibag din ang pundasyon ng ating demokrasya. Did our automatic vote counting machines commit a grave error? Sinasang-ayunan ba ng Comelec ang deklarasyon ng Mababang Hukuman na nagkamali sa pagbilang ang mga makina?” Primicias-Agabas, a lawyer, said.

(The vote of every Filipino is sacred. If trust in the electoral process is lost, the foundation of our democracy will collapse...did the Comelec agree with the court's ruling that the machines made a counting error?)

Primicias-Agabas also questioned the authenticity of the ballots in the physical recount in the Rosales polls, saying there were "red flags" that "go beyond superficial defects and directly call into question the integrity of ballots used to reverse the initial result."

Agabas also lamented the court’s decision to deny a motion to decrypt ballot images that would have allowed the digital images captured on election day to be compared with physically recounted ballots.

“It is now 2026. Why are we still debating whether ballot images have the same probative value as physical ballots? The Commission on Elections and the National Bureau of Investigation must investigate the root cause of the discrepancy between the machine count and the physical recount, including allegations of ballot tampering and substitution,” she said.

In addition, Agabas also called on the Committee on Suffrage and Electoral Reforms to conduct a comprehensive inquiry into vote counting machines transparency, ballot security features, protocols for accessing ballot images and VVPAT data during disputes, chain-of-custody procedures, and international best practices that may be adapted to the Philippine context. — BM, GMA Integrated News

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