Monday, September 08, 2008 Seares: ‘Unsafe’ 13-vote lead By Pachico A. Seares News Sense
WHAT must haunt Demetrio Granada and his camp in the Comelec order stopping his takeover as mayor of Tudela, Cebu is the phrase “unsafe” lead.
Regional Trial Court (RTC) earlier decided in a recount that Granada won by 13 votes over Mayor Rogelio Baquerfo in the May 2007 elections.
Then, when RTC approved a motion for Granada to assume office, Baquerfo asked Comelec to strike down the court order and tie RTC’s hands.
Comelec did, arguing (a) the RTC recount didn’t include Baquerfo’s own protested ballots (because his answer with a counter-protest was filed out of time), and (b) the 13-vote lead wasn’t “safe.”
Lawyers can debate on and on whether Baquerfo lost his right when he failed to answer on time. Rule of procedure, one camp will argue. Not fair, the other side will say.
They’ll claw at each other’s interpretation of the law but what sticks out is the line about 13 votes not being a safe lead.
Unsafe for what or for whom?
Comelec’s bets
To win, one needs only to have one vote more over one’s rival. And 13 is 12 more than one. So many election contests had been decided before on thinner leads.
The Comelec ruling also assumes that a recount of Baquerfo’s protested votes will be in his favor. What if the mayor still loses after the review and the term will have run out, nothing more for Granada to serve?
Comelec sees worse damage to Baquerfo if the appeal would declare him winner than to Granada if the rival’s win in the RTC would be upheld.
Comelec has placed all bets on Baquerfo, shutting out the chance that the court is right about the election result.
