CEBU, Philippines - The Commission on Elections Second Division denied for lack of merit the motion to intervene by the Liberal Party in the ongoing election protest filed by Glenn Anthony Soco against the late vice governor Gregorio Sanchez, Jr.
The Comelec, citing the case of Fernando Poe Jr. vs. Gloria Macapagal-Arroyo said it will only allow substitution and intervention by a real party in interest.
A real party in interest is defined as the party who would be benefited or injured by the judgment and the party entitled to the avails of the suit.
In a 16-page motion, the LP, through its director general Gladys Cruz-Sta. Rita prayed to the Comelec to be allowed to intervene in order to protect its legal interest as duly registered political party and carry out its moral duty to its official candidates and the electorate.
Soco, in his opposition to LP’s motion, said that while the said election protest is not abated by the death of Sanchez and the Comelec Second Division is not ousted of its authority to continue the protest proceedings, substitution or intervention is allowed only if the party who will substitute or intervene is a real party in interest.
The Comelec said that the heart of the issue here is whether or not LP is a real party in interest and entitled to intervene in this case, and ruled it was not.
LP, the party of President Benigno Aquino III, was also with whom Sanchez ran under. Soco ran under the Lakas-Kampi Party.
Sanchez died last April and was replaced by Provincial Board Member Agnes Magpale being the majority floor leader.
Soco filed an election protest last May 2010 asking to be declared winner of the elections and duly elected vice governor of Cebu after he protested the result of the votes. He got 517,687 votes as opposed to Sanchez’s 543,924 votes.
Soco welcomed the latest developments.
“Though I was alarmed behind the motive of the Liberal Party to take interest in my case, what is important for me now is for Comelec to ferret out the truth,” the businessman said.
Meanwhile, LP Cebu Chapter Chairman Atty. Hilario Davide III said they are confident that the decision of the Comelec will favor the late vice governor even with the denial of their motion.
Davide said LP already expected the Comelec will deny their motion to intervene because of the lack of a real party. He said the one who could represent as the real party should have been Magpale.
“Dili sad nato mapugos si Magpale na mo-intervene,” Davide said.
Magpale earlier said she will not meddle in the matter between Soco and Sanchez. — (FREEMAN)