BY BOY RYAN B. ZABAL
KALIBO, Aklan – The regional trial court here dismissed the electoral protest lodged against Mayor Raymar Rebaldo for insufficiency of evidence and for lack of merit.
Yesterday morning in a tension-filled and jampacked RTC Branch 8, Judge Eustaquio Terencio junked the complaint filed by defeated mayoral candidate William Lachica.
Lachica claimed that the May 2004 elections here were marred by massive vote buying and tampering of election returns, commission of errors and irregularities by the Board of Election Inspectors and Board of Canvassers, and bad appreciation of ballots.
Rebaldo hailed the 31-page decision of Terencio and called for unity among Kalibonhons.
“The court has determined the true winner of the election and now it is time for unity and reconciliation,” he said.
Rebaldo thanked Kalibonhons for their “overwhelming support” and promised that his administration will accelerate further its development programs.
Lachica, on the other hand, appealed to his supporters to respect the decision of Terencio.“The judge had rendered his decision based on actual evidence. The ballot is the best evidence in an electoral case, all things shall be back to normal,” Aklan Vice Gov. Ronquillo Tolentino said. He was present during the promulgation.
Rebaldo was represented by a team of lawyers – Immanuel Sodusta and Reynaldo Quimpo.
Lawyers Sergio Rigodon and Porferio Taplac joined Lachica during the promulgation yesterday.
About 500 supporters of Rebaldo and Lachica trooped to the Godofredo P. Ramos Hall of Justice to witness the promulgation around 9:30 a.m.
The regional court rendered its decision yesterday weeks after resuming its the revision of ballots after the Commission on Election (Comelec) En Banc affirmed the First Division resolution reversing the Order dated August 23, 2004 of Terencio. It also ordered Terencio to reinstate and resolve the electoral protest with dispatch.
Rebaldo, who ran under the ruling local party Tibyog Akean, garnered 14,101 votes against Lachica’s 14,020 -- or a margin of 81 votes on May 10, 2004 local elections.
But two weeks later, Lachica filed a protest in 34 out of 172 clustered precincts. On May 31, 2004, Rebaldo also filed his counter-protest in 18 clustered precincts, and filed a motion to dismiss Lachica’s protest.
Records showed that the total number of protested and counter-protested precincts was 70 individual precincts clustered into 50 functioning precincts. The revision of ballots was conducted from June 17, 2004 to July 9, 2004 and March 10, 2006 to April 3, 2006.On June 6, 2004, Terencio denied Lachica’s Motion for Leave of Court to Amend Answer to Counter Protest.
On the course of the revision of ballots, Lachica filed a motion to withdraw his protest citing his lack of finances to continue the recounting.
Terencio granted his motion in its Order dated July 9, 2004. Three days later, the presiding judge also granted Lachica’s motion to withdraw his deposit.
On July 23, 2004, Lachica filed a motion to lift the order of dismissal of protest. For his part, Rebaldo – arguing that the dismissal of protest was with prejudice and that the motion was filed out of time -- opposed Lachica’s motion.
On August 23, 2004, Terencio denied the motion of Lachica, saying the court lost jurisdiction to entertain the motion and his electoral protest against Rebaldo.
Terencio cited Sections 19 and 21 of Rule 35 that finally disposed the case after five days from receipt of the Order, which was received by Lachica on July 15, 2004. Lachica’s present motion to lift the Order was filed on July 23, 2004.
But Lachica asked the Comelec to reverse the assailed Order of the trial court, which the First Division in its resolution dated February 11, 2005 ordered Terencio to resume proceedings and resolve the election protest on the merits with dispatch.
On April 5, 2006, the revision committee headed by lawyer Rhea Vidal-Ibarreta showed Lachica garnering 4,326 against Rebaldo’s 3,774 in the contested 70 pooling precincts clustered into 50 precincts.
Rebaldo’s camp claimed the uncontested 164 pooling precincts had the incumbent mayor leading with 10,324 votes compared to 9,688 of Lachica -- or a total winning margin of 84 votes after the physical count.
Lawyer Reynaldo Quimpo earlier urged the Supreme Court to urgently resolve the petition for certiorari whether a regional trial court here still has jurisdiction or legal authority to further act on Election Case No. 131 last September 11, 2006.
Yesterday morning in a tension-filled and jampacked RTC Branch 8, Judge Eustaquio Terencio junked the complaint filed by defeated mayoral candidate William Lachica.
Lachica claimed that the May 2004 elections here were marred by massive vote buying and tampering of election returns, commission of errors and irregularities by the Board of Election Inspectors and Board of Canvassers, and bad appreciation of ballots.
Rebaldo hailed the 31-page decision of Terencio and called for unity among Kalibonhons.
“The court has determined the true winner of the election and now it is time for unity and reconciliation,” he said.
Rebaldo thanked Kalibonhons for their “overwhelming support” and promised that his administration will accelerate further its development programs.
Lachica, on the other hand, appealed to his supporters to respect the decision of Terencio.“The judge had rendered his decision based on actual evidence. The ballot is the best evidence in an electoral case, all things shall be back to normal,” Aklan Vice Gov. Ronquillo Tolentino said. He was present during the promulgation.
Rebaldo was represented by a team of lawyers – Immanuel Sodusta and Reynaldo Quimpo.
Lawyers Sergio Rigodon and Porferio Taplac joined Lachica during the promulgation yesterday.
About 500 supporters of Rebaldo and Lachica trooped to the Godofredo P. Ramos Hall of Justice to witness the promulgation around 9:30 a.m.
The regional court rendered its decision yesterday weeks after resuming its the revision of ballots after the Commission on Election (Comelec) En Banc affirmed the First Division resolution reversing the Order dated August 23, 2004 of Terencio. It also ordered Terencio to reinstate and resolve the electoral protest with dispatch.
Rebaldo, who ran under the ruling local party Tibyog Akean, garnered 14,101 votes against Lachica’s 14,020 -- or a margin of 81 votes on May 10, 2004 local elections.
But two weeks later, Lachica filed a protest in 34 out of 172 clustered precincts. On May 31, 2004, Rebaldo also filed his counter-protest in 18 clustered precincts, and filed a motion to dismiss Lachica’s protest.
Records showed that the total number of protested and counter-protested precincts was 70 individual precincts clustered into 50 functioning precincts. The revision of ballots was conducted from June 17, 2004 to July 9, 2004 and March 10, 2006 to April 3, 2006.On June 6, 2004, Terencio denied Lachica’s Motion for Leave of Court to Amend Answer to Counter Protest.
On the course of the revision of ballots, Lachica filed a motion to withdraw his protest citing his lack of finances to continue the recounting.
Terencio granted his motion in its Order dated July 9, 2004. Three days later, the presiding judge also granted Lachica’s motion to withdraw his deposit.
On July 23, 2004, Lachica filed a motion to lift the order of dismissal of protest. For his part, Rebaldo – arguing that the dismissal of protest was with prejudice and that the motion was filed out of time -- opposed Lachica’s motion.
On August 23, 2004, Terencio denied the motion of Lachica, saying the court lost jurisdiction to entertain the motion and his electoral protest against Rebaldo.
Terencio cited Sections 19 and 21 of Rule 35 that finally disposed the case after five days from receipt of the Order, which was received by Lachica on July 15, 2004. Lachica’s present motion to lift the Order was filed on July 23, 2004.
But Lachica asked the Comelec to reverse the assailed Order of the trial court, which the First Division in its resolution dated February 11, 2005 ordered Terencio to resume proceedings and resolve the election protest on the merits with dispatch.
On April 5, 2006, the revision committee headed by lawyer Rhea Vidal-Ibarreta showed Lachica garnering 4,326 against Rebaldo’s 3,774 in the contested 70 pooling precincts clustered into 50 precincts.
Rebaldo’s camp claimed the uncontested 164 pooling precincts had the incumbent mayor leading with 10,324 votes compared to 9,688 of Lachica -- or a total winning margin of 84 votes after the physical count.
Lawyer Reynaldo Quimpo earlier urged the Supreme Court to urgently resolve the petition for certiorari whether a regional trial court here still has jurisdiction or legal authority to further act on Election Case No. 131 last September 11, 2006.
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