CITY OF SAN FERNANDO – Regional Trial Court (RTC) Judge Edgar Chua has dismissed the electoral protest filed by a losing candidate against Arayat Mayor Luis “Chito” Espino.
Chua, in a decision penned on January 31 and obtained by Punto yesterday, said “the instant protest filed by Bonifacio Emmanuel Alejandrino of the election for the position of Mayor of the Municipality of Arayat, Pampanga held during May 10, 2010, is hereby DISMISSED.”
“The honorable court must be respected for the benefit of the people,” said Espino, a three-term mayor and former Association of Barangay Captains (ABC) president.
Chua, in his decision, said “the ballot boxes subject of the instant election protest were opened on September 15, 2010, for the purpose of determining whether or not any objection or protest were registered by watchers of protestant Bonifacio Emmanuel A. Alejandrino, as reflected in the Minutes of Testing and Sealing; of Voting and Counting.”
It was agreed by the parties that in the event such objection or protest is found in the aforesaid minutes, this would warrant a revision of votes in the clustered precinct concerned,” said Chua’s decision.
“It is worthy to note that after an examination by the court, in the presence of counsels from both parties and the election officer, of the Minutes of Testing and sealing of Voting and Counting from the contested clustered precincts, it was discovered therein that no objection or protest whatsoever was ever registered by the watchers of protestant Bonifacio Emmanuel E. Alejandrino,” it said.
However, in many of clustered precincts concerned, the said minutes found in the ballot boxes do not bear the signature of protestant’s watchers,” it also said.
“It is the contention of protestant that these returns were prepared without protestant’s watchers for the probable reasons that his watchers were paid if not intimidated by protestee or his representative to leave their assigned polling precinct during the time of casting and counting of votes with the primordial objective of assuring the victory of protestee, through fraud and irregularity,” it added.
“Protestant argues that in order to determine the true will of the people of Arayat, Pampanga, there is a necessity to order revision of the votes cast for all the nineteen (19) contested precincts,” said Chua in the five-page decision.
“The contention is not well-taken. It appears from the Minutes of Testing and Sealing of Votes and Counting taken from the ballot boxes of the contested clustered precincts, that the same were signed either by the official watchers of the political parties, particularly from the Liberal Party of whom protestant is the official candidate for mayor of the Municipality of Arayat, Pampanga, representative of the Parish Pastoral Council for Responsible Voting (PPCRO), an organization accredited by the COMELEC and tasked to monitor the conduct of election,” it said.
“No challenges, protest or observation has been registered by any of these persons as to warrant a conclusion that fraud has been committed during the election as to frustrate the will of the electorate of the Municipality of Arayat, Pampanga,” it added.
Chua, in a decision penned on January 31 and obtained by Punto yesterday, said “the instant protest filed by Bonifacio Emmanuel Alejandrino of the election for the position of Mayor of the Municipality of Arayat, Pampanga held during May 10, 2010, is hereby DISMISSED.”
“The honorable court must be respected for the benefit of the people,” said Espino, a three-term mayor and former Association of Barangay Captains (ABC) president.
Chua, in his decision, said “the ballot boxes subject of the instant election protest were opened on September 15, 2010, for the purpose of determining whether or not any objection or protest were registered by watchers of protestant Bonifacio Emmanuel A. Alejandrino, as reflected in the Minutes of Testing and Sealing; of Voting and Counting.”
It was agreed by the parties that in the event such objection or protest is found in the aforesaid minutes, this would warrant a revision of votes in the clustered precinct concerned,” said Chua’s decision.
“It is worthy to note that after an examination by the court, in the presence of counsels from both parties and the election officer, of the Minutes of Testing and sealing of Voting and Counting from the contested clustered precincts, it was discovered therein that no objection or protest whatsoever was ever registered by the watchers of protestant Bonifacio Emmanuel E. Alejandrino,” it said.
However, in many of clustered precincts concerned, the said minutes found in the ballot boxes do not bear the signature of protestant’s watchers,” it also said.
“It is the contention of protestant that these returns were prepared without protestant’s watchers for the probable reasons that his watchers were paid if not intimidated by protestee or his representative to leave their assigned polling precinct during the time of casting and counting of votes with the primordial objective of assuring the victory of protestee, through fraud and irregularity,” it added.
“Protestant argues that in order to determine the true will of the people of Arayat, Pampanga, there is a necessity to order revision of the votes cast for all the nineteen (19) contested precincts,” said Chua in the five-page decision.
“The contention is not well-taken. It appears from the Minutes of Testing and Sealing of Votes and Counting taken from the ballot boxes of the contested clustered precincts, that the same were signed either by the official watchers of the political parties, particularly from the Liberal Party of whom protestant is the official candidate for mayor of the Municipality of Arayat, Pampanga, representative of the Parish Pastoral Council for Responsible Voting (PPCRO), an organization accredited by the COMELEC and tasked to monitor the conduct of election,” it said.
“No challenges, protest or observation has been registered by any of these persons as to warrant a conclusion that fraud has been committed during the election as to frustrate the will of the electorate of the Municipality of Arayat, Pampanga,” it added.
