Defeated bet files protest-A A +A
Thursday, October 31, 2013
TWO days after the barangay elections, a defeated candidate for village chief post in Barangay Calamba in Cebu City is seeking a judicial recount of 10 polling precincts that allegedly been marred by anomalies.
Armando Lozano filed the electoral protest before the Municipal Trial Court in Cities against Ma. Yvonne Cana Feliciano, who was declared winner by the Barangay Board of Canvassers last Oct. 29, 2013.
Lozano asked the court for a recount or revision of the ballots in the 10 voting precincts to determine “who is the real candidate elected” as barangay captain in Calamba.
Feliciano won by 371 votes after garnering 1,883 votes, as compared to Lozano’s 1,512 votes.
Barangay Calamba has 22 polling precincts.
In his poll protest, Lozano, however, said votes in 10 clustered precincts “were deliberately misread and misappreciated by various chairmen of the different boards of election tellers.”
The 10 precincts that Lozano wants recounted are polling precincts 880, 884, 879, 887, 873, 885, 869, 868, 864 and 877.
“For instance, several ballots in every precinct containing wrong spelling, but with the same sound when read of protestant’s (Lozano) name and surname were not counted,” read Lozano’s protest prepared by his lawyer Ervin Estandarte.
Instead, Lozano said his name was placed in the space provided for the village councilors and about 20 ballots per precinct were not credited to his favor.
“Thus, if these ballots for protestant for these 10 precincts were considered and counted in his favor, then the margin of protestee would have been overtaken for which protestant would be declared the winner,” said Lozano in his protest.
In contrast, Lozano said his supposed votes were “intentionally or erroneously counted or tallied in the election returns as votes of protestee (Feliciano).”
He also said the votes cast in his favor were not counted and rejected.
Nickname not counted
Lozano said several ballots containing his nickname “Amid” were not counted in his favor, arguing there was no candidate having such moniker.
“On the other hand, invalid ballots such as spurious and those containing markings to identify the ballots/voters or with irrelevant writings or drawings were counted in favor of protestee (Feliciano),” the protest read.
He also said the fake ballots were hastily joined with valid ballots in five precincts in Barangay Calamba.
He said Joey Daluz, lawyer of Feliciano, and Ester Concha, head of the Cebu City’s Department of Social Welfare Services, entered several precincts, which he said violated the Omnibus Election Code.
Lozano said Daluz intervened in the counting and appreciation of votes and allegedly insisted that the votes should be counted in favor of Feliciano.
Daluz allegedly put his arm around the shoulder of the chairman of the Board of Election Tellers and whispered something to her ears.
“This brazen, open and public violation of the Omnibus Election Code by (Atty. Joey) Daluz in conspiracy with the Board of Election Tellers all the more tainted the proceedings of the elections in Barangay Calamba,” the protest read.
Therefore, Lozano said the 10 of 22 polling precincts should be recounted.
He said his filing of election protest aims to ascertain whether the declared winner is “the lawful choice of the people of Barangay Calamba.”
“What is sought is the revision and correction of the canvass of votes, which was the basis of proclamation of the winning candidates,” Lozano said in his protest.
Published in the Sun.Star Cebu newspaper on November 01, 2013.