Reluya Election Protest: Committee denies request to dispense with PCOS
CEBU, Philippines - The Regional Trial Court has denied the motion of defeated San Fernando mayoralty candidate Lakambini Reluya to dispense with the Precinct Count Optical Scan in the authentication of ballots in 47 boxes that are subject for recount.
Judge Ramon Daomilas, chairman of the Revision Committee, said the rules must be followed strictly no matter what the cost.
“The rules are very specific as to how the revision is to be made and the process of revision. A departure in the process will kill the purpose of the rule” Daomilas said in his order.
Reluya earlier asked to dispense with the PCOS machines to save time and to avoid delay in the resolution of her election protest. She explained this is to save time in the event that a party would insist on assailing the authenticity of a particular ballot. According to them, it would not be easy to re-acquire the PCOS machines since they are already in the warehouse of Smartmatic.
But Daomilas said the court will “let the representations with the Commission on Elections made actions towards the authentication of ballots and how they will dispense the PCOS Machines used during (the) May 10 elections in San Fernando.”
Considering that the PCOS machines used in San Fernando, Cebu had specific serial numbers, it would likely take many months for Smartmatic to sort out the PCOS assigned at San Fernando from out of the 76,000 PCOS used throughout the Philippines that are now in storage.
Reluya, through her lawyers, moved for the immediate continuation of the manual recounting of the ballots in the 47 ballot boxes.
Mayor Antonio Canoy who opposed Reluya’s motion said in a memorandum that Reluya allegedly only wants to “advance” her “unfounded” election protest.
“The allegations in support of the protestant’s motion are devoid of factual basis,” Canoy stated, adding that it is “a clear violation” of the 2010 Rules of Procedure for Municipal Election Contests promulgated by the Supreme Court on April 27, 2010.” — THE FREEMAN
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