Canoy says Reluya motion "vague and misleading"

CEBU, Philippines - San Fernando Mayor Antonio Canoy has opposed the Motion for Clarification filed by losing candidate Lakambini Reluya on the decision of the court that denied her earlier motion to dispense with the authentication of the Precinct Court Optical Scan (PCOS) machines relative to her election protest against Canoy.

In his opposition, Canoy said Reluya’s motion for clarification is “vague and misleading.” Reluya had moved to use only one PCOS machine for the 49 contested ballot boxes.

Canoy said the rules require that authentication of the ballots subject of the protest must be done using the 49 PCOS machines actually used during the May 10 polls in San Fernando. Canoy also argued that Reluya’s Motion for Clarification violates the 2010 Rules of procedure for Municipal Election Contests, as it allegedly “attempts to seek modification of the order of the court that is crystal clear and that simply upholds the rule of law, in the guise of asking clarification.”

Canoy said the rules should be strictly followed “no matter what the cost is for the reason that it deals with the basic right of suffrage.”Canoy also questioned why the copy of the motion was furnished to his lawyer, Democrito Barcenas, through registered mail and not personally, allegedly in violation of the rules.

Under the rules, “Service and filing of pleadings, including the initiatory pleading and other subsequent papers, shall be done personally. The mode of service or filing was not done personally. A pleading or motion violating this rule shall be considered not to have been filed.”

“The motion should therefore be treated as a mere scrap of paper, which should not be accepted for filing and, if filed, is not entitled to judicial cognizance,” Canoy said.

Reluya filed the election protest against Canoy after she noticed alleged irregularities in six precincts in San Fernando. — THE FREEMAN