Cadungog said that under Section 219 of the Omnibus Election Code, Arbuyes is duty bound to keep the election paraphernalia safe being its custodian. Aside from this, Arbuyes was specifically ordered by the Presidential Electoral Tribunal to safeguard the ballots being subject of protest filed by vice presidential candidate Loren Legarda against Vice President Noli de Castro.
Investigation conducted by the municipal election officer Felix Sentillas revealed that Arbuyes transferred the ballot boxes without informing the police and the Comelec of her action.
According to Cadungog, Arbuyes' failure to inform the election officer when she transferred the ballot boxes to the public employment service office building constitutes gross negligence on her part. Cadungog pointed out that under the rule, Arbuyes should have notified Sentillas, the police, and the representatives of the political parties before the transfer was facilitated to avoid suspicion.
The investigation of the Comelec showed that there were 103 missing padlocks used in the ballot boxes in the last elections. Aside from this, there were also 358 old padlocks missing. It was also found out that most of the plastic seals inside the ballot boxes were already destroyed.
Police officials in Tabogon have also filed charges for theft against two municipal employees at the Borbon Municipal Circuit Trial Court after they were positively identified to have stolen the padlocks. Charged were Gaudioso Batal and Benjamin Cañete. - Fred P. Languido