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Friday, August 23, 2002
Cuenco lead over Batuhan trimmed
By Jasmin G. Suma-oy

FROM the tally by his revisors, lawyer Aristotle Batuhan gained 1,696 votes from the sample of the precincts he wanted recounted, in his protest against Rep. Antonio Cuenco before the House of Representatives Electoral Tribunal (HRET).

Cuenco’s votes diminished by 816 votes while Batuhan’s increased by 880 during the review of 241 ballot boxes or 25 percent of the total protested ballots.

Cuenco, who was proclaimed Cebu City south district congressman in 2001, had a lead of 3,297 votes over Batuhan.

Batuhan’s and Cuenco’s revisors completed the review of the sample protested ballots last Tuesday.

The next step will be for the HRET to order Batuhan and Cuenco to file their offers of evidence.

The HRET will decide, based on the findings on the 25 percent pilot precincts, whether or not to proceed in counting the remaining 75 percent.

“Even in the physical count, there is overwhelming evidence that the result during the canvassing does not reflect the actual votes,” Batuhan said.

In a separate interview yesterday, Cuenco confirmed that Batuhan “gained 1,500 votes” during the initial revisions, but this was because the latter switched his (Cuenco’s) original ballots with “spurious” ones.

And if the result of the revision is to be believed, Cuenco said it could be that the teachers, who served in the elections, either cheated or they don’t know how to count.

Cuenco is confident the HRET will sustain his objection for the recount of the remaining protested ballots.

Batuhan had filed an election protest against Cuenco alleging that the 2001 congressional elections in the south district was marred by cheating such as vote buying and stuffing of ballots.

He also alleged that some teachers colluded with Cuenco.

Cuenco had filed a counter-protest, saying it was Batuhan and not he as alleged who cheated in the elections.

Both asked for the opening of ballot boxes and recounting of votes and hired topnotch lawyers.

Batuhan is defended by the law office of his father, the Castillo, Laman, Tan, Pantaleon & San Jose while Cuenco by Brilliantes, Nachura & Jumamil.

Cuenco’s chief counsel, Sixto Brilliantes, is reportedly one of the highest paid election lawyers in the country.

The following protested barangays of Batuhan were covered in the initial recount of 25 percent: Guadalupe (57 ballot boxes), Basak San Nicolas (54), Basak Mambaling (22), Quiot Pardo (seven), Sudlon 1 (four) and Labangon (19).

The barangays under Cuenco’s counter-protest are Cogon Pardo (16 ballot boxes), Guadalupe (14), Basak Mambaling (13), Sawang Calero (22), Pung-ol Sibugay (four), Sinsin (five) and Tagbao (four).

Batuhan is confident that if HRET allows the recount of the remaining 75 percent, he can overtake Cuenco’s lead.

But Cuenco shot back at Batuhan, accusing him of “importing a syndicate” from Manila to change the ballots, which were earlier counted in his favor, with fake ones while these were stored at the City Hall treasurer’s office.

“He’s happy about the results of his cheating. I’m going to expose him. Nice try, but I’m going to see to it that you go to jail,” Cuenco said.

He will ask the 66 teachers in the 22 precincts where Batuhan “operated” to testify before the HRET.

Batuhan admitted that the process of election protests is slow, but even if he will have no more time to sit as congressman by the time the protest is resolved, it is vindication enough if he’ll be able to show “the actual result of the last elections.”



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