Mayor Dan Neri Lim who maintains a daily radio program over the years is now facing a formal complaint for disqualification to hold public office after he insisted to go on-air yesterday over his weekly program "Ang Mayor sa Dakbayan" over dyTR despite the prohibition imposed by the Commission on Election. In his formal complaint filed yesterday with the Comelec, Provincial Administrator Alfonso Damalerio II said that Lim despite the prohibition was heard for two hours yesterday over the airlanes, utilizing the program in "furtherance of his own and his party's (Bagong Bolanon) political objectives while also spreading on air malicious, defamatory, childish, baseless and false criticisms/reports against the candidates of the opposing political party (Liberal Party).

The violation is in gross disregard of the last paragraph of Section 6.4 of Republic Act No. 9006 otherwise known as the "Fair Election Act," Damalerio cited that Comelec shall adhere to its mandate of ensuring that radio or television station "shall not allow the scheduling of any program of permit any sponsor to manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including said candidate in such program." He cited that Lim, who is running for congressman has grossly violated Sec 32 of Comelec Resolution No. 9615 which mandates that "any mass media columnist, commentator, announcer, reporter or personality who is a candidate for any elective office shall be deemed resigned if so required shall take leave of absence during the campaign period." Damalerio said the city mayor is a "regular broadcaster" over dyTR handling radio programs with his co-anchor Ted Ayeng, station manager who anchors programs sponsored by the city government of Tagbilaran.

The provincial administrator cited that Gov. Edgar Chatto stopped attending his weekly radio program "Kita ug ang Gobernador" since the start of the campaign period. He cited the case of Sen Chiz Escudero and Sen Dick Gordon who also took a leave from their TV programs during this campaign period. "So what would make Mayor Lim an exception to the rule," Damalerio asked. In this complaint, those found guilty will be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage , aside from an imprisonment of not less than one year but not more than six years and shall not be subject to probation. "We hope the poll body will take action on this glaring election violation committed by the city mayor," Damalerio concluded.