LAWYERS of John Victor Omolon asked the Commission on Elections (Comelec) to consider around 4,000 votes from four Mandaue City precincts which did not yield any results in last Monday's elections.
The Mandaue City Election Office gave the lawyers of Omolon, an administration ally, until today to substantiate their petition to suspend Councilor Editha Cabahug's
proclamation.
Omolon, who is trailing behind Cabahug in the contest for the last slot for city councilor, immediately asked the Commission on Elections (Comelec) Manila to consider around 4,000 "uncounted votes" from four clustered precincts, saying these can greatly affect the more than 600 vote difference between Cabahug and Omolon.
Cabahug was still leading by 670 votes over Omolon, with each of them garnering 50,117 and 49,447 votes, respectively.
Allegations
In a May 13 resolution signed by the City's Board of Canvassers, headed by City Election Officer Marchel Sarno, Omolon's petition was denied on three grounds-the petition is too general and did not specify the clustered precincts being objected to; no evidence was submitted to substantiate the allegation of zero votes and the issue is not a pre-proclamation issue.
The board gave Omo-lon until today to file an appeal with the Comelec en banc.
But last May 14, Omolon's counsel submitted their formal notice of appeal, which was received by Comelec Manila last May 15.
The appeal stated that "clustered precincts 34, 106, 107 and 05 did not transmit any data…thus there was a disenfranchisement of not more than 4,000 votes (at 1,000 voters per clustered precinct)."
Affect
The clustered precincts are in Barangay Basak, two in Barangay Looc and one in Barangay Alang-alang.
"Considering that the votes separating the appellant (11th place) and appellee (10th place) are only around 600 plus votes, the results of the four clustered precincts can greatly affect the results of the 10th and 11th place," the notice of appeal read.
"Wherefore premises considered, it is most respectfully prayed that the records of the clustered precincts 34, 106, 107 and 05 together with other pertinent records of this case be elevated to the Commission en banc for disposition of the appeal and that after the review, the commission order to reverse and set aside the denial of the petition by the City Board of Canvassers of Mandaue city," it added.
It is up to the Comelec en banc to concur with or deny Omolon's formal notice of appeal.
Comelec Mandaue already proclaimed Mayor-elect Jonas Cortes, Vice mayor-elect Glenn Bercede and the nine councilors, eight of whom are administration allies and one belongs to the opposition bloc.
If Cabahug is proclaimed, she will be the second opposition-allied councilor in the next city council.