Petition vs Candaba vice mayor junked
February 17, 2011
CANDABA — The Commission on Elections (Comelec) second division recently junked the petition for certiorari and mandamus filed against Vice Mayor Daniel Gallardo in relation to the May 2010 polls.
The Comelec, in a decision signed by presiding officer Nicodemo Ferrer, said the petitioner failed to specifically state with definitiveness the fraud, irregularities and anomalies that allegedly took place during the 2010 elections.
It said a petition for election protest must specify the precincts where fraud, vote buying and irregularities were committed, as well as the number of votes therein that altered the results of the elections in the protestant’s favor.
“The decision of Comelec reflects only the sovereign will of the people of Candaba. The people have spoken last elections and this was affirmed by the lower court and now by the Comelec,” Gallardo said.
The case was filed against the vice mayor by his opponent Normita Evangelista.
Meanwhile, the Comelec maintained the ruling of the lower court to open the ballot box in Precinct 15 of Barangay Buas to see whether there were indeed irregularities committed as testified by a witness.
“Kahit bilangin pa ulit yung boto sa precinct 15 sa Buas ay hindi na nila mababago ang resulta ng election sa pagka-bise mayor. (Even if they count manually the results of the voting at precinct 15 in Buas, they can’t anymore change the election results),” Gallardo said.
He said that under the new automated election law, recounting of votes in cases of election protest should also be done using the Precinct Count Optical Scan machine contrary to the position of Evangelista requesting for manual recount.
“Yung mga machines nasa Smartmatic na kaya medyo malabo na talaga ang gusto nila (There’s no chance for their request to be granted since the machines were already returned to the Smartmatic),” he added.
Evangelista filed last year the election protest before the Regional Trial Court’s Branch 48 in the City of San Fernando against Gallardo, but the lower court ruled against her favor, prompting her to bring the case to the Comelec. (Herbert P. Mapiles)
Source: http://www.sunstar.com.ph/pampanga/local-news/petition-vs-candaba-vice-mayor-junked
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