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[av_heading heading=’‘FINAL AND EXECUTORY’ Certificate issued vs Puentevella’s electoral protest ‘ tag=’h3′ style=’blockquote modern-quote’ size=” 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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BACOLOD City – The Commission on Elections (Comelec) issued a certificate of finality relative to its decision on the election protest that former mayor Monico Puentevella filed against Mayor Evelio Leonardia in 2016.
Comelec’s Electoral Contests Adjudication Department (ECAD) issued the certificate that supported the commission’s Aug. 18, 2016 order dismissing Puentevella’s appeal “for insufficiency in form and content in accordance with Section 9, in relation to Section 7, Rule 6 of Comelec Resolution No. 8804,” or the Comelec Rules of Procedure on Disputes in an Automated Election System.
ECAD director IV Allen Francis Abaya signed the certificate on Oct. 27.
On Aug. 23, 2016, Puentevella filed a verified motion for reconsideration challenging the Aug. 18, 2016 order.
It was however dismissed on Sept. 14 this year through a Comelec en banc resolution that Puentevella’s camp received on Sept. 26.
According to Section 14 paragraph A of Comelec Rules of Procedure Rule 18, as amended by Resolution No. 7808 in 2007, Comelec en banc decisions or resolutions on ordinary actions, special proceedings, provisional remedies, and special reliefs shall become final and executory after 30 days of its promulgation.
Considering that the 30 days upon Puentevella’s receipt had already lapsed, the Sept. 14 resolution was declared final and executory.
The certificate of finality will be sent to the Office of the President of the Philippines, the secretary of the Department of the Interior and Local Government, the chairman of the Commission on Audit, and the secretary of the Sangguniang Panglungsod of this capital city.
On May 10, 2016, Puentevella – who was then mayor – lost to Leonardia – who was then congressman – in the city mayoralty bid.
Ten days after, Puentevella lodged an electoral protest before Comelec.
Puentevella said there were “acts or omissions constituting to fraud, anomalies or irregularities in the contested precincts” during the 2016 elections.
The Comelec en banc dismissed the protest saying, “It must be borne in mind that ‘liberality in the interpretation and application of the rules applies only in the proper cases and only under justifiable causes and circumstances.’ However, in this case, there are no justifiable causes or circumstances calling for the liberal interpretation of the rules.”
Panay News tried to reach Puentevella for comment. His camp said they will release a statement today./PN
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