In a six-page Order dated May 8, 2026, the First Division of the Commission on Elections (COMELEC) dismissed the election protest filed by former gubernatorial candidate Shine Miguel against incumbent South Cotabato Governor Reynaldo Tamayo Jr. over alleged fraud and irregularities in the 2025 elections, citing lack of sufficient basis.
The Order, signed by Presiding Commissioner Aimee Ferolino and Commissioners Ernesto Ferdinand P. Maceda Jr. and Maria Norina S. Tangaro-Casingal, resulted in the summary dismissal of the protest after the Commission found that it failed to comply with the mandatory requirements under Section 7(g), Rule 6 of COMELEC Resolution No. 8804, as amended.
The Commission also rejected the application of the Doctrine of Statistical Improbability, saying the alleged uniformity of vote tallies did not exist in the case.
Miguel questioned the results of the May 2025 gubernatorial elections, alleging duplicate and triplicate vote results, recurring voting percentages in several precincts, statistical improbability, malfunctioning Automated Counting Machines (ACMs), transmission errors, and alleged threats and intimidation before election day.
However, after reviewing the claims, the First Division found no sufficient proof that the election results failed to reflect the “true and valid votes” cast by South Cotabato voters.
The Order further stated that the questioned results could not be considered statistically improbable, considering the large number of established precincts involved, where similarities in vote results may reasonably occur.
COMELEC further noted that the data presented in the protest was arranged in a manner that made the results appear identical. The ruling stated that precincts with similar voting patterns were intentionally placed side by side, creating the impression of uniformity.
The Commission explained that when the results were arranged according to precinct numbers, the supposed similarities no longer appeared successive or consistent.
It added that the supposed duplicate results and similar vote percentages were merely coincidental and did not, by themselves, constitute an election anomaly.
On the allegations involving ACM malfunctions and transmission issues, the Commission said the testimonies and affidavits submitted by the protestant referred only to alleged incidents in Koronadal City and could not automatically be generalized across all clustered precincts in the province.
The Order emphasized that the ACM malfunctions alone do not amount to electoral fraud, especially without proof that election personnel failed to follow COMELEC procedures.
It further ruled that ACM malfunctions are mere technical issues and, by themselves, do not amount to electoral fraud.
On the allegations of threats and intimidation before the elections, the Commission likewise dismissed the claims, saying none of the affidavits submitted proved that voters were forced, prevented, or induced to vote for or against any candidate.
“While the affidavits may point to possible criminal acts, these matters should be pursued before the proper forum and could not serve as sufficient basis for an election protest,” the ruling stated.
Under the COMELEC ruling, the First Division resolved to dismiss the protest “for failing to comply with the mandatory form and content requirements.”
