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[av_heading heading=’WILL COMELEC CHANGE MIND? Monico opposes ruling on electoral protest ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY MAE SINGUAY
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Tuesday, November 28, 2017
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BACOLOD City – Former mayor Monico Puentevella is hoping that the Commission on Elections (Comelec) will reverse the certificate of finality it issued relative to its decision dismissing his electoral protest in 2016.
The protest was against his political nemesis Mayor Evelio Leonardia, who won the 2016 mayoralty bid.
Yesterday, Puentevella lodged a manifestation with a motion to lift the entry of judgment and certificate of finality before the Comelec through his legal counsel Nastasia Anne Padilla.
The document stated that Puentevella has already filed a petition for certiorari at the Supreme Court four days before receiving the certificate of finality on Oct. 27.
Puentevella’s camp filed the petition for certiorari in accordance with Rule 64 of the Rules of the Court, the document further stated.
Under Section 3, Rule 64 of the Rules of the Court, an aggrieved party may file a petition within 30 days from receiving a notice of judgment.
If a motion for reconsideration was filed, the aggrieved party may file the petition within the remaining period, the law further stated.
Puentevella lodged a motion for reconsideration on Aug. 24, 2016 challenging the Aug. 19, 2016 Comelec order that dismissed his electoral protest.
Puentevella said his filing of the motion for reconsideration was within the five-day limit stated in the Comelec rules.
On Sept. 26 this year, Puentevella’s camp received a Comelec en banc resolution dated Sept. 14, 2017, which denied the motion.
Puentevella said after filing the motion, he only has 25 remaining days to file a petition upon his receipt of the Sept. 14 resolution.
Hence, Puentevella had only until Oct. 21, 2017 to file his petition for certiorari before the Supreme Court.
But Oct. 21 is a Saturday, which left Puentevella’s camp to file the petition on Oct. 23, the succeeding Monday.
Puentevella said he filed the petition on time, thus claiming that it was “incorrect” for Comelec to issue the certificate of finality./PN
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