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Saturday, May 08, 2004
Ravanera backers picket Comelec By Stephen Capillas
* Comelec legal department to rule on recon motion soon
THINGS became messier in the electoral dispute between former Cagayan de Oro Rep. Erasmo Damasing and congressional candidate Manuel Ravanera, as scores of Ravanera's supporters trooped to the Comelec office past 8 p.m. Friday to demand an audience with Commission on Elections (Comelec) 10 director Bernardita Cabacungan.
This came after the Ravanera camp filed a motion for reconsideration to the Comelec last Friday afternoon.
The motion was made in connection with a resolution filed by the agency's second division disqualifying Ravanera from running for the city's lone congressional district.
Partido Kalikasan Inc. candidate Bencyrus Ellorin said their motion effectively bars Damasing from substituting Ravanera as opposition congressional candidate under the PDP-Laban wing.
Damasing is said to be running under the PDP-Laban-Koalisyon ng Nagkakaisang Pilipino (KNP) fold while Ravanera is under the PDP-Laban Partido Kalikasan Inc. camp.
Sun.Star Cagayan de Oro repeatedly tried to contact Damasing and Cabacungan to no avail.
Not executory
Ellorin and their lawyer questioned the merits of the resolution to Comelec-10 Assistant Regional Director Carlito Ravelo who allegedly said he had yet to hear of this development.
Later the official managed to mollify the protestors by saying he would consult with the Comelec's legal department.
He said the decision would come out Saturday but there was no announcement as of presstime. Sun.Star Cagayan de Oro tried but failed to contact Ravelo who is said to have gone to Bukidnon province for a meeting.
In documents presented to Sun.Star Cagayan de Oro, both Ellorin and lawyer Malou Ravanera-Ares explained the Comelec second division's resolution is not final and executory.
They pointed to Section 13 paragraph C of the Revised Comelec Rules of Procedure of 1993 which states: "Unless a motion for reconsideration is seasonably filed, a decision or resolution of a Division shall become final and executory after the lapse of five days in special actions and special cases and after 15 days in all other actions or proceedings following its promulgation."
The congressional candidate also said in the motion that he did not misrepresent himself as a registered voter since it was Comelec official Atty. Ma. Dulce Cuevas-Biazon who declared him a registered voter before the Municipal Trial Court in Cities Branch 3.
In their motion for reconsideration Ravanera sought a temporary restraining order (TRO) against the Comelec-10, barring them from accepting Damasing's certificate of candidacy, which was supposedly filed last Thursday.
Unresolved ruling
The motion also called for a writ of preliminary injunction against the agency barring them from recognizing Damasing as Ravanera's replacement until the his disqualification case is resolved with finality.
In last Thursday's press conference at the VIP Hotel, Damasing showed a copy of the Comelec second division resolution to the media as well as a certified candidates' list showing his name being included in the list of candidates.
The grounds cited in the resolution include Ravanera's failure to vote in the 2001 and 2002 elections, the non-inclusion of his name in the computerized voter's list (CVL) and the unresolved ruling on his reactivation of voter's registration petition by the City Comelec office.
Damasing said the list of candidates showed Ravanera's name placed in an asterisk, which he said indicates that he is questionable as well as disqualified.
"No matter what Ravanera and (Cagayan de Oro Rep. Constantino) Jaraula says, the Voters's Identification Sheet (VIS) isn't so important as the certified list of candidates because the latter will be posted in the election booths," he said.
However Ellorin said with their recon motion Ravanera's name will be in the certified list of candidates sans asterisk.
"He can file a counter legal action only after May 10 the day of the elections," Ellorin said.
Their camp complained about a notice issued by Comelec 10 telling them to issue their response to the disqualification on or before April 15.
The notice was received last April 13, which they insisted countered a provision giving them at least three days to issue a response.
Damasing earlier said the hearing officer has the option whether or not to shorten or lengthen the amount of days to issue the response to the charges.
Still, Ravanera insisted that Cabacungan issued the recommendation to the Comelec second division on April 14, a day before the deadline for the submission of his position papers on April 15.
(May 8, 2004 issue) Write letter to the editor.Click here. Join the Sun.Star message board.Click here. |
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