By Boy Ryan Zabal
Politically beleaguered William Lachica appealed a decision of the Regional Trial Court, Kalibo which junked his electoral protest against incumbent Kalibo Mayor Raymar Rebaldo to the Commission on Elections (Comelec). Three days after Lachica received a copy of the decision on Election Case No. 131 of Judge Eustaquio Terencio of the Regional Trial Court, Branch 8, his lawyer Marienne Ibadlit filed a notice of appeal on the ground that said decision is contrary to law and the facts established during the hearing. Rebaldo’s lawyer, Immanuel Sodusta also filed a notice of partial appeal on the same decision promulgated on September 29, 2006 by Terencio on unresolved counter-protest and objections to Lachica’s ballots.
Terencio’s decision is the subject of an appeal before Comelec Manila within five days after the release of said decision, the court said. The judge earlier junked the complaint of the electoral protest lodged against him by defeated candidate Lachica and confirmed the proclamation of Rebaldo as the duly elected mayor of Kalibo with a margin of 78 votes. Terencio, in a ruling, declared Rebaldo got 14,104 votes against the 14,026 votes received by Lachica or a margin of 78 votes after the recounting. Last May 12, 2004, the town’s board of canvassers proclaimed Rebaldo winner in the mayoral race with 14,101 votes against Lachica’s 14,020 out of a total votes cast of 28,121 for the mayoral post on the May 10, 2004 election.
"The court finds and so holds that Lachica failed to substantiate in evidence the grounds relied upon in this protest to nullify the proclamation of Rebaldo as duly elected mayor of Kalibo. No amount of damages of whatever nature could be awarded to any of the parties, including attorney’s fees," Terencio said in his 31-page decision. The court also felt it was no longer necessary to discuss the counter-protest of Rebaldo since Lachica’s municipality wide votes failed to overcome the 78 votes lead of the incumbent mayor. "If at all, to discuss the matter would only amount to an academic exercise that would not in anyway affect the outcome of the protest," Terencio added.
But, the mayor’s secretary, Randy Rebaldo said, they respect the decision of Terencio. However, they filed a partial appeal before the Comelec to resolve the counter-protest on contested ballots and to determine the exact lead of the incumbent mayor against Lachica. ""The supporters are questioning us why the counter-protest was not entertained by the judge despite there was clear discrepancies in the actual revision of votes on the contested precincts as against the official election returns in Brgy. Poblacion, New Buswang and Bakhaw Sur,"" Randy said.
In May 2004, Lachica filed the protest alleging massive vote buying and tampering of election returns, commission of errors and irregularities by the Board of Election Inspectors and Board of Canvassers, improper adjudication of votes, errors and irregularities in the election such as marked ballots and bad appreciation of ballots. A recount of the contested ballots was conducted and on April 5, 2006, the revision committee reported that of the total 70 precincts protested and counter protested, there were 4,326 contested and uncontested ballots for Lachica while Rebaldo had 3,774 ballots.
In the course of the revision of the ballots in the protested precincts, Lachica objected to 1,446 ballots credited to Rebaldo while the latter objected 2,136 ballots for the former. Of the 227 stray ballots, Lachica claimed 21 stray ballots and 24 were claimed by Rebaldo while 16 stray ballots were indeed stray. Both netted additional three votes each from the claimed stray votes, the court said.There were 558 marked ballots for Rebaldo formally offered in evidence by Lachica and objected since these ballots were marked and should be excluded and deducted from the votes cast and counted in favor of Rebaldo.
Terencio said Lachica failed to present witnesses to prove the massive vote buying which took place before the actual counting and ultimately convince the court that these were marked ballots because of the established fact of vote buying.
The court also noted discrepancy in the tallying of votes in four pooling precincts in Brgy. Estancia in favor of both candidates as against the actual counting during the revision. "The number of votes that Lachica obtained municipality wide failed to overcome Rebaldo’s lead of 78 votes, thereby sustaining the validity of his proclamation".
The difference of nine votes in the total number of votes of 28,121 for Mayor as canvassed against what was established by the evidence of 28,130 could be traced on three votes each from among the claimed stray votes credited to Lachica and Rebaldo and an additional three votes to the former vice mayor discovered during the actual counting in Brgy. Estancia. /MP mailto:madyaas_pen@yahoo.com
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