Mayor Raymar Rebaldo of Kalibo, Aklan urged the Supreme Court to urgently resolve the petition for certiorari whether a regional trial court, Kalibo, Aklan still has jurisdiction or legal authority to further act on Election Case No. 131. Lawyer Reynaldo Quimpo stressed Judge Eustaquio Terencio of Regional Trial Court, Branch 8, Kalibo, Aklan, is set to promulgate judgment on September 29, 2006 in Election Case No. 131 on the electoral protest versus the incumbent Mayor Raymar A. Rebaldo by his opponent mayoral candidate William Lachica.
‘With the impending decision in the said election case coupled with the denial of earlier motion for a temporary restraining order or status quo order, it became imperative for the proper guidance of the trial court and the Supreme Court to timely resolve the instant petition on the merits or, in the alternative, to issue in the meantime a restraining order," Quimpo said in his urgent motion to resolve the case on September 11, 2006 before the Supreme Court.
The protest stemmed from the alleged massive vote buying and tampering of election returns, commission of errors and irregularities by the Board of Election Inspectors and Board of Canvassers, bad appreciation of ballots, improper adjudication of votes, errors and irregularities in the election such as marked ballots and fraud committed in the preparation of the ballots and in the counting of votes in the municipality of Kalibo.
But, Rebaldo’s lawyer Immanuel Sodusta argued "the allegations of electoral irregularities is speculative except for alleged errors correctible by recount/revision and re-appreciation of the contested ballots, no evidence whatsoever was introduced or attempted to be introduced or documentary in support of other alleged irregularities."
"The results of the revision of ballots would show that the election in the contested precincts was clean and honest," he added.
The regional trial court earlier resumed the revision of ballots after the Commission on Election (Comelec) En Banc affirmed the First Division resolution reversing the Order dated August 23, 2004 of Terencio. It also ordered Terencio to reinstate and resolve the electoral protest with dispatch.
Rebaldo, who ran under ruling local party Tibyog it Akean, won the mayoralty post with a slim margin of 81 votes against Lachica on May 10, 2004 local elections. Lachica, two weeks after,
filed an election protest in 34 out of 172 clustered precincts while on May 31, 2004, Rebaldo also filed his counter-protest in 18 clustered precincts and motion to dismiss Lachica’s protest.
Records show that the total number of protested and counter-protested precincts is 70 individual precincts clustered into 50 functioning precincts. The revision of ballots was conducted from June 17, 2004 to July 9, 2004 and March 10, 2006 to April 3, 2006. On June 6, 2004, Terencio denied Lachica’s Motion for Leave of Court to Amend Answer to Counter Protest. On the course of the revision of ballots, Lachica filed a motion to withdraw his protest citing his lack of finances to continue the recounting.
Terencio granted his motion in its Order dated July 9, 2004. Three days after, the presiding judge also granted Lachica’s motion to withdraw his deposit. On July 23, 2004, Lachica filed a motion to lift the order of dismissal of protest. For his part, Rebaldo, citing, the dismissal of protest was with prejudice and that the motion was filed out of time, opposed Lachica’s motion.
On August 23, 2004, Terencio denied the motion of Lachica, saying, the court lost jurisdiction to entertain the motion and his electoral protest against Rebaldo. Terencio cited Secs. 19 & 21 of Rule 35 that finally disposed the case after five days from receipt of the Order, which was received by Lachica on July 15, 2004. Lachica’s present motion to lift the Order was filed on July 23, 2004. But, Lachica asked the Comelec to reverse the assailed Order of the trial court, which the First Division in its resolution dated February 11, 2005 ordered Terencio to resume proceedings and resolve the election protest on the merits with dispatch.Comelec said the contested July 9, 2004 Order was issued without hearing, adding, the trial court should realized that the case involves public interest which go beyond the personal interests of the contending parties.
Rebaldo wins
For failure of the protestant, William Lachica to substantiate his protest against the incumbent Mayor Raymar A. Rebaldo, Hon. Eustaquio G. Terencio, presiding judge, Branch 8, Regional Trial Court, Kalibo, Aklan dismissed the protest during the promulgation of judgement today, September 29, 2006. According to Judge Terencio after careful review and re canvass of the contested votes the result did not affect the outcome of the election for mayor of Kalibo. The protest was dismissed; no damage was awarded either party. The decision was read by two clerks./MP mailto:madyaas_pen@yahoo.com
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