Technicality cancels poll protest hearing

CEBU, Philippines – The supposed second marathon hearing of the election protest in San Fernando, Cebu, filed by defeated mayoralty candidate Lakambini Reluya was cancelled yesterday due to a technicality after her camp failed to comply with a rule.

Reluya's camp, through lawyer Jennie Aclan, failed to furnish a copy of the witness' affidavit of Elvira Rita to Mayor Antonio Canoy's camp three days before the hearing.

Aclan was supposed to present two witnesses Elvira Rita and Raul Sabayon for the continuation of presentation of evidence of the plaintiff yesterday.

However, lawyer Democrito Barcenas said Aclan violated the three-day rule prior to the hearing.

"The other party should furnish a copy to us at least three days before the hearing which Reluya's camp violated," Barcenas said.

Barcenas said that they only received the affidavit of Rita on November 3 or just two days before the hearing.

However, Aclan insisted that the hearing should push through since she made a manifestation of the witness five months ago. She claimed that the three-day rule is just to let the other party know of the name of the witness and the content of the affidavit.

But Judge Ramon Daomilas explained that they should obey the rules strictly.

"I can disregard the ordinary cases but if it is an election case then we must stick with the rules as it is strictly implemented," Daomilas said when Aclan asked him if the court can disregard the rules.

Daomilas added that even the Commission on Elections is having a problem with the rules because of its strict implementation.

The judge added that he sees the point and purpose of Aclan but if Aclan will pursue her request he said that there is a possibility that the testimony of the witness will be useless because of violations.

The next scheduled hearing will be on November 9, 2010.

The marathon hearing first started Wednesday when Reluya's camp presented six witnesses; Mario Diolan, Desidelia Entera, Alice Dacalos, Gerodene Cabucos, Stefanie Manloyo, and Dominiciana Paradero, who all said that there were irregularities during the May 10, 2010 national and local elections.

This all started after Reluya filed an election protest against Canoy for allegedly irregularities happened in some precincts in San Fernando. Canoy won over Reluya with a margin of 1,271 votes. (FREEMAN)