A RECOUNT of votes cast for mayor in Talisay City, Negros Occidental in the May 9 elections looms after the Commission on Elections (Comelec) junked the motion to dismiss filed by Talisay City Mayor Neil Lizares.
The Comelec First Division found the election protest filed by defeated mayoral bet Sheila Saratan “sufficient in form and content.”
Presiding Commissioner Christian Robert Lim and Commissioner Luie Tito Guia signed the 25-page decision on September 20. Commissioner Rowena Guanzon, who was also assigned to the case, inhibited being a Negrense.
Moreover, the Comelec ordered Saratan to pay P291,000 for the expenses of the recount of ballots and other incidental expenses, with a rate of P3,000 per contested clustered precinct. Saratan had contested 97 precincts.
“Failure to comply with this order shall cause the immediate dismissal of the protest or counter-protest,” the First Division said.
The order also directed the clerk of the First Division “to make the appropriate coordination and request in behalf of this Commission with the Presidential Electoral Tribunal and the Senate Electoral Tribunal as to the temporary prior custody of ballot boxes and recount of ballots and other documents and storage devices.”
It added: “The retrieval and delivery of the ballot boxes and election paraphernalia, and the revision proceedings shall only commence upon coordination and approval of the tribunals mentioned as the protested precincts are also the subject of protests in the said tribunals.”
The order also gave both parties three days from receipt “to comment, or move for exception, or correction.”
Lizares, in his motion, said that the protest is insufficient in form and content on the ground that the election protest failed to give a detailed specification of the acts or omissions complained of showing electoral frauds, anomalies, or irregularities in the protested precincts.
Contrary to Lizares’ contention, the First Division found Saratan’s allegation contesting all the 97 clustered precincts due to irregularities in the operation of and/or due to the malfunctioning of Vote Counting Machine “to be specific enough in accordance with the rule.”
The decision added that the allegation of Saratan that Lizares resorted to wholesale vote buying through his leaders and cohorts in an attempt to win the elections has basis.
Saratan has contended the examination of ballots in the protested clustered precincts will show that several ballots for Lizares should be voided.
Ballots were found to be marked with signatures or identifying marks, drawings, or unnecessary words prepared by voters to identify their ballots.
This is “specific enough to mean that the supposed irregularities occurred in all the clustered precincts being protested,” it further said.
Lizares was proclaimed winner of the May 9 elections after garnering 28,440 votes against Saratan’s 21,119, or a margin of 7,321 votes.
Talisay City has about 59,000 registered voters.
Saratan announced the Comelec First Division’s ruling in a press conference Wednesday at the Island Spoon Restaurant in Bacolod City.
She said they welcome the decision with “great pleasure.”
Saratan added that she is thankful to her supporters, and that this development would show the real result of the elections and would clear doubts and questions.
She was joined by her husband, former Talisay mayor Eric Saratan, and their lawyers.
The former mayor said that they have reached “first base.”
He said that the 97 ballot boxes will be forwarded to Manila soon.
“No definite date yet, but I think either last week of October or early weeks of December. We’re taking this one day at a time,” he added.
Lawyer Stephen Bejemente said they will wait for the clearance from the Presidential Electoral Tribunal to recount the votes.
“Hopefully by end of November or early December,” he said.