MANILA, Philippines — Pasig City Mayor-elect Vico Sotto has asked the Commission on Elections (Comelec) to junk the electoral protest filed by his rival, outgoing Mayor Bobby Eusebio.
Sotto defeated Eusebio by 86,500 votes.
In a 31-page answer to Eusebio’s electoral complaint, Sotto said the poll body should dismiss the case for being insufficient in form and content.
Sotto said the case lacks a detailed specification of the acts or omissions complained of as required under Comelec Resolution No. 8804.
According to Sotto’s lawyer Romulo Macalintal, the Supreme Court and the Comelec had dismissed in the past electoral protests such as this.
“The allegations are too broad and no evidence to support the claims other than the mere affidavits of the loser’s supporters.”
Macalintal said while it is the duty of the Comelec to hear complaints of losing candidates, the commission should also protect duly proclaimed winners from “baseless, false and empty petitions.”
“The affidavits of Eusebio’s witnesses were insufficient to prove the existence of election fraud in Pasig,” he said.
Based in the 2013 ruling of the high court on Aguilo versus Comelec, Sotto said “an election protest is allowed to ascertain, not suppress, the true will of the electorate.”
In his complaint, Eusebio said votes from at least 29 clustered poll precincts were missing.