Reluya: I was not forum shopping

CEBU, Philippines – San Fernando losing candidate for mayor Lakambini Reluya has filed a comment in reply to the motion of Mayor Antonio Canoy for clarification on the use of only one PCOS machine for the 49 contested ballot boxes.

 Reluya insisted that her request for opinion from the Commission on Elections did not violate the rule promulgated by the Supreme Court, and does not “constitute forum shopping and is not an affront to the jurisdiction of the Honorable Court” as what Canoy did in opposing all her motions.

 She cited Rule 10, Section 6 (e) promulgated by the Supreme Court which says that “prior to the actual revision, the revision committee must authenticate each and every ballot to make sure that it was the same ballot cast and fed to the PCOS machine during voting.”

 The same rule also said that “the authentication shall be through the use of the PCOS machine actually used during the elections in the subject precinct or by another device certified by the Commission to be capable of performing the desired authentication requirement through the use of bar codes and ultra-violet ray code detention mechanism.”

 In her two-page comment she stated that Canoy failed to analyze that her basis in seeking aid or opinion from the Comelec is “staring right in front of his face.”

 Reluya also stated that Canoy repeatedly invoked in his comment and opposition the Rule 10, Section 6 (e), which refutes him, that is, authentication of the ballots is not only through all the PCOS machines actually used in the subject precincts of the present election protest.

 However, another device certified by the Comelec to be capable of performing the desired authentication requirement is through the use of bar codes and ultra violet ray code detection mechanism.By virtue of the provision, Reluya sought the opinion of the Comelec as to the devices, which are capable of performing the desired authentication requirement.

Earlier, Canoy said Reluya’s motion for clarification on the decision of the court that denied her earlier motion to dispense with the authentication of the Precinct Court Optical Scan (PCOS) machines relative to her election protest is “vague and misleading.” He said the rules require that authentication of the ballots subject of the protest must be done using the 49 PCOS machines actually used during the May 10 polls in San Fernando. (THE FREEMAN)