JUDGE Monalila Tecson has dismissed the election protest filed by seven defeated candidates against Mabolo, Cebu City Barangay Prisca Niña Mabatid and six of her allies.
Tecson, of the Municipal Trial Court in Cities Branch 1, dismissed for being insufficient in both form and substance the electoral protest filed by Mabatid’s rival, lawyer Daniel Francis Arguedo, and his six political allies.
“The allegations, supporting accounts of eyewitnesses, and related attachment of protestants failed to convince this court to give due course to their petition,” read Tecson’s two-page order.
Apart from Arguedo, the other petitioners are Cesar Bacang, Bob Inocian, Rolando Supremo, Daryl Arguedo, Sotera dela Cruz, Jr. and Racquel Milagros Ruiz.
The respondents were Mabatid, Rey Ompoc, Jackson Tudtud, Frank Gajudo, Efren Sanico, Elmer Arnel Cui, Eric Lepiten, the Commission on Elections, and the Department of the Interior and Local Government.
In their election protest dated May 24, 2018, the protestants accused the respondents of “massive vote-buying,”in violation of Sec. 68 of the Omnibus Election Code.
They asked Tecson to declare the respondents guilty of vote-buying during the May 18 elections in Barangay Mabolo and to “immediately annul” their proclamation as winners.
They also asked the judge to disqualify the respondents from holding public office and instead declare them as winners of the elections.
Tecson ruled that the election protest against the respondents ought to be dismissed for being insufficient in form and substance.
The protest against Mabatid and other respondents also failed to comply with requirements set under Sec. 11, Rule 2 of the 2010 Rules of the Presidential Electoral Tribunal.
Apart from the poll protest, Arguedo also filed a quo warranto petition against Mabatid before the Municipal Trial Court in Cities for allegedly failing to comply with the residency requirement.
Arguedo, 48, who lost to Mabatid by 1,464 votes during the May 14, election, asked Tecson to annul or suspend her proclamation. Mabatid garnered 6,147 votes while Arguedo got 4,683.
In his petition, Arguedo said that Mabatid resides in Sunflower Drive, Sunnyhills, Talamban, Cebu City, as shown in her pleadings filed in court and other public documents submitted to various government agencies.
Among of public documents submitted by Arguedo to court to confirm Mabatid’s residency are her answer to her labor case, deed of absolute sale, request for investigation with the National Bureau of Investigation.
“Respondent falsely provided material information by stating in her certificate of candidacy that she is a resident of Pope John Paul Ave., Mabolo, Cebu City,” said Arguedo. Arguedo asked the court to annul Mabatid’s proclamation.
Sought for comment, Mabatid expressed confidence the case will soon be dismissed.
“I have been a voter of Mabolo since the 1990s during the first SK election up to now. My residence certificate is still Mabolo. I have properties outside Mabolo but it does not mean I am not from Mabolo,” said Mabatid. (GMD)