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Tuesday, August 21, 2007
Court junks poll protest v. Porac mayor
By Marna H. Dagumboy
PAMPANGA -- The Regional Trial Court (RTC) Branch 57 has upheld the mandate of Mayor Rogelio Santos as elected chief executive of Porac, dismissing the electoral protest filed against him by defeated mayoralty bet Condralito dela Cruz.
In a decision penned by Judge Omar Viola, the court ruled that the electoral fraud allegations of dela Cruz "are not enough to compel the opening of the ballot boxes and revision of the ballots since they are sweeping and couched in general terms."
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Viola further said the electoral protest has no "detailed specification of the precincts where the alleged irregularities in the counting of the ballots took place."
"It is speculative, self-serving, and devoid of proof," the judge added.
The court determined the issue of whether or not dela Cruz followed the requirements of Rule 2, Section 11 paragraph (f) of the Rules of Procedure in Election Contests mandating that there must be detailed specification of the acts or omissions complained of that show electoral frauds, anomalies, or irregularities in the protested precincts.
According to the court, the Black's Law Dictionary, 6th Edition, defines "detailed" as "to enumerate minutely, specify, particularize" and "specification" as "a detailed and particular enumeration of several points or matters urged or relied on by a party to a suit or proceeding."
But Viola said dela Cruz did not identify which election returns were affected by the alleged "dagdag-bawas (vote padding and shaving)."
"The protest failed to state how many votes were illegally deducted from the protestant or how many votes were illegally added to the votes of the protester in the affected election returns. The protestant did not attach even a single affidavit of his election watchers, canvassing lawyers or witnesses to substantiate the allegations of fraud in the election protest, and even the canvassing lawyers of the protestant never raised before the Board of Canvassers the issue of irregularities in the appreciation of the ballots at the precinct level," Viola explained.
Santos won by a slim margin of 583 votes over dela Cruz during the last local elections. Dela Cruz filed the electoral protest right after Santos's proclamation but the court dismissed it on August 7.
Along with the decision for dismissal, Viola ordered Sheriff Regino Liwanag of RTC Branch 57 to return all the ballot boxes with the keys, lists of voters with voting records, book of voters and other documents or paraphernalia involved in the electoral protest to the municipal treasurer and election officer of Porac last August 14.
Santos said he was relieved and thankful for the decision of the court that vindicated him. He also offered a hand of reconciliation to his political opponents saying it is time for all residents of Porac to unite and work for the development of their town.
"Political differences are not the solution to our town's problems and needs. Let us unite and work together to help uplift Porac, generate more investments and livelihood, ensure that each family has food on their table and can send their children to school. Let our common drive and passion in moving Porac towards greater development overcomes our fears and doubts," he said. (Sun.Star Pampanga/Sunnex)
For more Philippine news, visit Sun.Star Cebu. (August 21, 2007 issue)
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