By Boy Ryan Zabal
Mayor Raymar Rebaldo said, "there is always room for unity and reconciliation" after a regional trial court confirmed his proclamation and dismissed the electoral protest lodged against him by defeated candidate William Lachica for Mayor of Kalibo in May 2004 election.
Rebaldo appealed to the people, including the opposition, officials and supporters, to leave ‘divisiveness’ behind and let unity begin.
"It’s time for us to move forward. Let us heal the wound of politics and unite the Kalibonhons," he said after Judge Eustaquio Terencio junked the complaint under Election Case No. 131.
As this developed, Rebaldo’s camp expressed admiration on the call of Lachica to accept defeat humbly and to unite now following the decision of Terencio.
The Commission on Elections (Comelec), through the Municipal Board of Canvassers, earlier proclaimed Rebaldo as the duly elected mayor of Kalibo with 14,101 votes against 14,020 of William Lachica or a total votes cast for the mayoralty post of 28,121 votes on May 10, 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, and bad appreciation of ballots.
Last April 5,2006, the revision committee reported, 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 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. Terencio said the incumbent mayor obtained 14,104 votes while Lachica garnered 14,026 votes or margin of 78 votes as canvassed.
"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," Terencio pointed out. He explained 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.
"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," Terencio’s 31-page decision concluded.
No amount of damages of whatever nature could be awarded to any of the parties, including attorney’s fees, the decision said. /MP mailto:madyaas_pen@yahoo.com
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