HRET affirms Lucy's victory

CEBU, Philippines - Leyte 4th district Rep. Lucy Torres-Gomez scored another win after the House of Representatives Electoral Tribunal (HRET) junked the motion for reconsideration filed by defeated candidate Eufrocino “Winnie” Codilla Jr. over the previous decision upholding the validity of Lucy’s candidacy and her victory.

The HRET, in denying the motion, said Codilla merely reiterated his old arguments against Lucy whose substitution of her husband Richard Gomez’s candidacy was invalid. Codilla also wanted all 101,250 votes cast for Lucy declared “stray” and the results of all clustered 161 precincts impugned.

A new issue Codilla raised in his motion was the allegation that the act of the City Board of Canvassers in proclaiming Lucy as winner was fraudulent. The HRET however noted this was “not supported by evidence and jurisprudence.”

The protestants, which included another losing bet Silverio Tagolino, argued Lucy’s substitution was invalid because Richard’s certificate of candidacy was void because Richard was never a candidate from the start, thus no one to substitute at all.

Lucy’s lawyers however countered that Comelec accepted Lucy’s substitution and never cancelled Richard’s CoC. A few days before election, Codilla failed to raise the case to the Supreme Court within the prescribed period thus making the Comelec’s decision “final and unappealable.”

In its original decision last March 22, the HRET dismissed the issues raised by Codilla as “technicalities”, stressing the “importance of giving effect to the sovereign will”.  (FREEMAN)