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[av_heading heading=’Court rejects motion vs anti-manual vote audit decision’ 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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Tuesday, May 16, 2017
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BACOLOD City – A regional trial court (RTC) denied the motion for reconsideration that supporters of former mayor Monico Puentevella filed against the dismissal of their petition for a manual audit of May 2016 election ballots.
“A question is ripe for adjudication when the act being challenged has had a direct adverse effect on the individual challenging it,” RTC Branch 42 Judge Fernando Elumba said in an order dated April 10.
But in their case, the petitioners have not shown such “direct adverse effect” or “direct injury as a result of the act complained of,” said Elumba. “It is their non-winning candidates … who are to sustain said direct adverse effect or direct injury” if any.
The petitioners were supporters of the NUP-MKK (National Unity Party – Magbinuligay Kita sa Kauswagan) led by Puentevella, who sought re-election in May 2016 but lost to Mayor Evelio Leonardia.
They were 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.
They sought a manual audit of ballots but the court dismissed their petition on Nov. 21 last year. They filed the motion for reconsideration on Dec. 13.
In its Nov. 21, 2016 ruling, the court stated “there is no actual case or controversy that exists in the case at bar” and “it is our duty not to rule on abstract and speculative issues barren of actual facts.”
But the petitioners insisted that the court “failed to see the actual, legal and constitutional controversy raised before it” and asked that the court “carefully look at this matter one more time.”
In their petition for manual audit, the petitioners said they were shocked that their candidates — those from the NUP-MKK — got only the following votes as against their opponents, who were leading, when the Board of Canvassers announced the election results:
* Congressman – Jude Thaddeus Sayson, 84,431; Greg Gasataya, 85,467
* Mayor – Monico Puentevella, 97,993; Evelio Leonardia, 120,231
* Vice mayor – Vladimir Gonzales, 86,611; El Cid Familiaran, 108,360 votes
Citing the Omnibus Election Code, the petitioners said the Board of Inspectors should count the ballots “in a public manner.”
But 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,” they said./PN
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