RTC junks Reluya’s protest

CEBU, Philippines - San Fernando mayoral candidate Lakambini Reluya lost in her legal battle for the post as Judge Gilbert Moises of Regional Trial Court Branch 18 dismissed her election protest filed against re-elected Mayor Antonio Canoy days after the 2013 Election.

When asked if she will be filing a motion for reconsideration, Reluya told The Freeman that she will still talk with her lawyer.

Judge Moises dismissed the protest for being “insufficient in form and in substance.”

Reluya earlier filed an election case against Canoy alleging electoral fraud, anomalies and irregularities in the conduct of the election. She contested the results in 50 clustered precincts.

In her complaint, she alleged that the presence of goons in Barangay Panadtaran where clustered precincts 27, 28 and 29 were located allegedly caused so much tension at the voting area in the May 13 elections.

Reluya added that although data from three clustered precincts were not yet transmitted to the Comelec server, the municipal board of canvassers hastily proclaimed the Canoys as the elected officials.

In his answer, Canoy denied the allegations of fraud and anomalies. He also denied hiring goons.

Canoy also filed a counter-protest against Reluya. He said Reluya’s husband started the tension in Panadtaran that caused fear among voters and Liberal Party watchers, forcing them to go home early.

“Irregularities in the casting of votes were perpetrated by the hired men of protestant’s husband to intimidate voters and watchers belonging to the party of protestee’s husband, thus perpetrating irregularities in all the clustered precincts No. 27, 28 and 29 of said barangay, causing the protestee to lose heavily in the area,” the complaint of Canoy reads.

Canoy likewise said the complaint filed by Reluya failed to mention how, where and what particular precincts electoral fraud and anomalies occurred.

In his five-page order, Moises ruled in favor of the protestee. He said the protestant failed to specify acts or omissions they are complaining against.

“The mere presence of protestee’s goons as alleged… do not meet the detailed specification of the acts or omission required.”

Moises said Reluya failed to state specifically as to how the camp of Canoy influenced the Board of Election Inspectors and the Municipal Board of Canvassers to hastily proclaim the winners.

Based on the tally, Antonio got 16,167 votes with a margin of 177 over Reluya who got 16,010 votes. The 2010 election protest filed by Reluya against Canoy was still pending before the court.

Meanwhile, upon the directives of Regional Trial Court Judge Wilfredo Navarro of Branch 19, the ballots of the protested precincts in San Fernando were brought yesterday to the court.

Ricardo, defeated vice-mayoral candidate and the husband of Lakambini, also filed an election protest against the son of Canoy, Miko. The case was assigned by Navarro.

Lakambini and Ricardo cited same grounds in filing the protest. Miko got 16,333 votes over Ricardo who only got 15,468 votes.

Lawyer Democrito Barcenas, counsel of Canoy, told The Freeman: “Judge Moises is right. The protestant is not following the rules. The election protest has no basis. It is a shotgun allegation without specifying how the anomalies were committed. It is a product of a gripe of a poor loser.” —/JPM (FREEMAN)