Court junks poll protest vs. Alegria mayor, councilors

CEBU, Philippines - The Regional Trial Court in Oslob, Cebu has dismissed the election protest filed by couple Gilberto and Verna Magallon against Alegria Mayor Emelita Guisadio and eight municipal councilors.

In a 40-page decision dated August 30, 2012, RTC Judge James Stewart Ramon Himalaloan dismissed the election protest for lack of merit.

The Magallons protested the results in 13 clustered precincts in the municipality of Alegria during the May 10, 2010 elections.

The Municipal Board of Canvassers proclaimed Guisadio as duly the elected mayor with 5,683 votes against Verna who only got 5,609 votes.

The eight municipal councilors were also proclaimed winners of which the first got 5,941 and the eighth got 5,490 votes while Gilberto got 5,430.

The mayor’s husband, Raul Guisadio, placed second as councilor with 5,808 votes. He is also the incumbent mayor of Alegria during the 2010 elections.

The other respondents are councilors Nemia Alocillo, Raymund Aller, Restituto Javierto, Alejandro Villaneza, German Mejares, Diosdado Lerio and Maria Leticia Donayre.

The Certificates of Canvass issued by MBOC of Alegria show that the number of votes actually counted was 11,870 while the number of votes garnered of the three candidates for mayor was 11,325.

The Magallons alleged that the difference of the two figures would be 545 which was the total number of unaccounted ballots and did not appear in the CoC.

The Magallons protested the election and proclamation of the respondents on the grounds of “frauds and irregularities or anomalies committed before, during or after the casting and counting of votes” in the 13 protested precincts.

The respondents asked for the dismissal of the protest saying that it does not conform with the 2010 Rules of Procedures for Municipal Elections Contests.

However, the court ordered the revision of ballots in all the 13 clustered precincts that were protested.

The court found no irregularity or fraud and consequently a failure of election even if the election in one of the clustered precincts started late.

The court said that the reports of two revision committees appeared that there is no significant or substantial change to alter the overall results of the May 10, 2010 elections in Alegria.

“As it stands, the results borne by the ERs of the automated PCOS machines are confirmed and affirmed by the results of the revision ordered by the court through the reports of the revision committees,” read the court order. — (FREEMAN)