GAPAN CITY – The Regional Trial Court Branch 34 here ruled for the opening of ballot boxes and manual count of votes for at least 56 clustered precincts from the municipality of Cabiao, Nueva Ecija on Tuesday.
The ruling, which also provided for the creation of four revision committees, was rendered by presiding Judge Celso Baguio on the election protest filed by incumbent Mayor Abundia Garcia of Unang Sigaw Partido ng Pagbabago (USPP) of Cabiao against proclaimed winner Gloria Congco of Bagong Lakas ng Nueva Ecija (Balane).
Congco, who had to rest last 2007 elections on the strength of the mandatory tree-term limit for an elective local official, was proclaimed winner by the municipal board of canvassers (MBC) after she garnered 16,278 votes against Garcia’s 14,446 in the last May 10 automated elections.
But Garcia, in filing her protest docketed as EPC-0510 at Baguio’s sala, alleged that the first automated poll was attended by massive fraud such as vote buying and intimidation on top of alleged malfunctioning of precinct count optical scan (PCOS) machines in some precincts, particularly in Barangay San Roque.
Some candidates for town councilors also filed protests.
Conco’s lawyer, Atty. Petronilo David, opposed the re-opening of ballot boxes arguing that ballots would not show proof on the allegation of massive fraud, especially vote buying.
“The case must be dismissed, the ballots cannot determine the fraud,” David said.
But Atty. Ramon Miguel Ongsiako who represented Garcia during the pre-trial said vote buying was the only ground for the filing of election protest.
He mentioned alleged malfunctioning of PCOS machines and compact flash cards as among claims that warrant the revision of ballots.
Ongsiako said the revision would even “show the pattern of vote buying.”
“I see that the grounds that justify,” Baguio said. He added that the breakdown of CF cards, for instance, will show the “correctness or falsity of computerized elections.”
In the midst of opposition from Congco’s party, Baguio said the only issue to be settled is to determine “who actually won.”
The revision committees, Baguio ruled, will be headed by a court employee with members from each party. The revision will be held at the office of the clerk of court starting June 29 at 10 a.m.
David said he will bring the issue to the Supreme Court.
The ruling, which also provided for the creation of four revision committees, was rendered by presiding Judge Celso Baguio on the election protest filed by incumbent Mayor Abundia Garcia of Unang Sigaw Partido ng Pagbabago (USPP) of Cabiao against proclaimed winner Gloria Congco of Bagong Lakas ng Nueva Ecija (Balane).
Congco, who had to rest last 2007 elections on the strength of the mandatory tree-term limit for an elective local official, was proclaimed winner by the municipal board of canvassers (MBC) after she garnered 16,278 votes against Garcia’s 14,446 in the last May 10 automated elections.
But Garcia, in filing her protest docketed as EPC-0510 at Baguio’s sala, alleged that the first automated poll was attended by massive fraud such as vote buying and intimidation on top of alleged malfunctioning of precinct count optical scan (PCOS) machines in some precincts, particularly in Barangay San Roque.
Some candidates for town councilors also filed protests.
Conco’s lawyer, Atty. Petronilo David, opposed the re-opening of ballot boxes arguing that ballots would not show proof on the allegation of massive fraud, especially vote buying.
“The case must be dismissed, the ballots cannot determine the fraud,” David said.
But Atty. Ramon Miguel Ongsiako who represented Garcia during the pre-trial said vote buying was the only ground for the filing of election protest.
He mentioned alleged malfunctioning of PCOS machines and compact flash cards as among claims that warrant the revision of ballots.
Ongsiako said the revision would even “show the pattern of vote buying.”
“I see that the grounds that justify,” Baguio said. He added that the breakdown of CF cards, for instance, will show the “correctness or falsity of computerized elections.”
In the midst of opposition from Congco’s party, Baguio said the only issue to be settled is to determine “who actually won.”
The revision committees, Baguio ruled, will be headed by a court employee with members from each party. The revision will be held at the office of the clerk of court starting June 29 at 10 a.m.
David said he will bring the issue to the Supreme Court.
