Monday, June 26, 2006

Decision of Lachica Election Protest Maybe Out In September

By Ambrosio R. Villorente


The electoral protest for the position of Mayor of Kalibo by Mr. William Lachica against Mayor Raymar A. Rebaldo maybe decided sometime in August or September, 2006.
On April 5, 2006, Atty. Rhea I. Vidal – Ibarreta submitted the results of the Revision of Ballots conducted by the Revision Team organized for Election Case No. 131. Atty. Ibarreta is the Head Revisor/Branch Clerk of Court, Branch 8, Regional Trial Court, Kalibo where the election protest is being heard. The revision of ballots was conducted "from June 17, 2004 to July 9, 2004 and March 10, 2006 to April 3, 2006.
According to the results of the revision, Lachica obtained 4,326 ballots, Rebaldo obtained 3,774 ballots and 227 stray ballots. These ballots came from seventy (70) ballot boxes Mr. William Lachica has protested.
This report shows that Lachica obtained 525 ballots more than what Mayor Rebaldo obtained from the 70 ballot boxes which result Lachica protested. In the overall counts, who won the May 10, 2004 election for Mayor of Kalibo? Your computation will give you the probable answer who is the duly elected mayor of Kalibo.
However, the decision is estimated to be out sometime in August or September 2006 based on the following:
1. The lawyer of Lachica, the protestant submitted its Memorandum on the case on May 19, 2006;
2. On May 26, Atty Immanuel Sodusta, lawyer of Mayor Rebaldo requested for machine copies of exhibits marked during the hearing of the case which was granted;
3. Lachica requested for 15 days from May 26 to submit supplemental memorandum. The court granted the request with June 13 as the deadline. However, the protestant Lachica did not submit his supplemental memorandum as his lawyers believed what they submitted is sufficient. Instead, Lachica submitted exhibits produced per joint agreement of both protestant and protestee. and
4. On June 13, the court ordered Mayor Rebaldo to submit his memorandum within 30 days from June 13 or on or before July 13, 2006 copy furnished the protestant, William Lachica who is also given 10 days to submit his rebuttal memorandum.
Should Mayor Rebaldo wait for 30 days to submit his memorandum on July 13 and Mr. Lachica will also wait for 10 days to submit his rebuttal memorandum on July 23, 2006, then the case is deemed submitted for decision on that said date. The promulgation will follow in August, September or October 2006 depending upon the presiding judge Hon. Eustaquio G. Terencio. /MP mailto:madyaas_pen@yahoo.com

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