Calamba electoral protest to continue

CEBU, Philippines - The Commission on Elections (Comelec) en-banc reversed the ruling of one of its divisions and directed Municipal Trial Court in Cities (MTCC) Judge Monalila Tecson to proceed with the trial of the election protest filed by a defeated candidate for barangay captain in barangay Calamba, Cebu City against the incumbent barangay captain.

Petitioner Esther Concha garnered 32 more votes against incumbent barangay captain Victor Quijano Jr. after a recounting of votes conducted before the court which still has to weigh some other evidence and arguments from both parties.

This was because there were some votes cast that were under protest.

Comelec Chairman Sixto Brillantes Jr. and five other members of the commission admitted that the proceedings in court shall be prevented only because of a mere technical defect.

When Concha filed an election protest before the court against her opponent who defeated her with 81 more votes in the October 25, 2010 elections, she issued a verification and certification of non-forum shopping.

Concha said she had read the contents of the protest and “all the material allegations therein are true and correct to the best of our knowledge and belief.”

The Comelec’s Second Division accepted the arguments of Quijano’s lawyers that Concha’s verification, which is a requirement in filing an election protest, was insufficient for having been based only on her mere “knowledge and belief” instead of “personal knowledge.”

But the Comelec en-banc said the defect is not jurisdictional but a correctible formal defect and does not necessarily render the pleading fatally defective.

The Comelec had cited a recent Supreme Court ruling, which states that “In fact, the court may order the correction of the pleading if verification is lacking or act on the pleading although it is not verified, if the attending circumstances are such that strict compliance with the rules may be dispensed with in order that the ends of justice maybe thereby be served.”

Judge Tecson has yet to issue her decision on Concha’s election protest against Quijano after she was prevented by the Comelec’s second division from doing so.

Quijano earlier asked Tecson to dismiss the election protest filed against him but the judge denied his request, prompting him to elevate the matter before the Comelec which issued an injunction order to stop the court from conducting any further proceedings.

Councilor Jose Daluz III, the district councilor in the area where Calamba is situated, believes the people are also interested to know who really won the elections as barangay captain of Calamba.  (FREEMAN)