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[av_heading heading=’Court junks Monico backers’ poll petition’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY MAE SINGUAY
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BACOLOD City – Regional Trial Court Branch 42 has granted the motion to dismiss a petition for recount that supporters of former mayor Monico Puentevella filed against the City Board of Canvassers (CBOC).
The courts have “no authority to pass upon issues through advisory opinion or to resolve hypothetical or feigned problems,” Judge Fernando Elumba said in a decision dated Nov. 21.
Alleging “fraud and irregularity,” supporters of the National Unity Party – Magbinuligay Kita sa Kauswagan, Puentevella’s political group, sought a manual recount of votes cast during the May elections.
The following filed the petition on May 30: Richard Calulut, Rufino Alcala, Rodelyn Jagunap, Lope Ledesma Jr., Levy Cadagat Jr., Rodolfo Robles Jr., Banni Macapodi, Nelson Reyes, Rosanna Ilon, Jose Jessie Bantigue, Madeline Diaz, Salvacion Penuela, Febe Legaspi, Joji Agbas, Emelia Lopez, Edgardo Emelia, Jessel Sombilla, and Stella Alfabeto.
Respondents included City Commission on Elections (Comelec) Officer Mavil Majarucon-Sia (CBOC chair), CBOC vice chair Leilanie Lory Bojos, CBOC secretary Gerald John Joven, and City Treasurer Giovanni Balalilhe.
In turn the respondents, through the Office of the Solicitor General, filed a motion to dismiss.
Counsel Lyndon Caña had said the petitioners were “organized members and supporters” of Puentevella’s group.
According to the petitioners, they “were shocked” and “could not believe” their bets Puentevella (for mayor), Jude Thaddeus Sayson (for congressman) and Vladimir Gonzales (for vice mayor) were defeated by Evelio Leonardia, Greg Gasataya and El Cid Familiaran, respectively.
Citing the Omnibus Election Code, the petitioners claimed the counting of ballots after the voting must “be done by the Board of Inspectors in a public manner to ascertain the results.”
But on May 9, while the vote-counting machines issued receipts for the votes, “the tabulation of the votes was made by the said machines and not shown to the public.”
“Suspicions generated from analyzing the announced election results indicated fraud and irregularity,” they claimed.
“Courts do not sit to adjudicate mere academic questions to satisfy scholarly interest, however intellectually challenging,” said Judge Elumba. “Thus, it cannot be overemphasized that, as a condition precedent to the exercise of judicial power, an actual controversy between litigants must first exist.”
If City Legal Officer Joselito Bayatan were to interpret the decision, the petitioners failed to raise a valid or “justiciable” controversy. “In other words, no actual case or controversy existed in the complaint,” he said.
Puentevella also filed on May 20 an election protest seeking a manual recount of votes before the Comelec, but the commission’s First Division on Aug. 18 dismissed it for “insufficiency in form and substance.”/PN
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