CEBU, Philippines – The administration party in Talisay City has denied allegations that the Sangguniang Kabataan (SK) Federation election last week was illegal and broke the rules that govern the election.
"Naa man ang tanan didto, ang taga BES (Board of Election Supervisors), DILG (Department of the Interior and Local Government), Comelec (Commission on Elections, and observers from the religious sector and the academe. Naa pud si Col. (Henry) Biñas sa police," city administrator Richel Bacaltos said.
"So, it was not done in secrecy," said Bacaltos.
Bacaltos' denial came after Linao SK chairman Val Joseph Ylanan, who ran for SKF president but lost, filed last Monday a protest in the DILG questioning the proceedings of the SKF elections last December 3.
Ylanan lost the race to administration-backed Carmel John Burlas of Lagtang who beat him in a coin toss.
Ylanan, through his lawyers Ed Antonio Suson and Edmar Lerios, had questioned the proceedings, saying that after it was found out that there was a tie, a five-day notice should have been given to both parties and that the drawing of lots be done in a special public meeting, and not on the same day as what DILG-Talisay City officer in charge Bertilio Pasilang, chairman of BES, had allowed to be done.
Ylanan quoted Article 19, Section 240 (Election resulting in tie) of the Omnibus Election Code, which said that "the board of canvassers, after recording this fact in its minutes, shall by resolution, upon five days notice to all the tied candidates, hold a special public meeting at which the board of canvassers shall proceed to the drawing of lots of the candidates who have tied and shall proclaim as elected the candidates who may be favored by luck."
Ylanan also said that the coin toss was made in a "private place" attended only by select people.
But Bacaltos, who was campaign manager of the administration party, said that section of the Omnibus Election Code "no longer applies" in this case, as there are specific guidelines for that.
Quoting Article I Section 3 of the DILG Memorandum Circular 2002-123, Bacaltos said "the board shall be the final arbiter in all election controversies within its level" and its decision on the matter "shall be final and executory."
And if Ylanan has questions with the process, the BES, also in the same guidelines, shall decide all election controversies "within three days after the Federation elections," he said.
Also, Article IV Section 17 (Election Contest) of the same circular, the city administrator said that the board shall receive election protests "only immediately after each proclamation" and not three days after as what Ylanan had done. Ylanan filed his protest to the DILG last Dec. 6.
"So it's clear, no controversies. Kung naa ta silay protest, didto nalang unta daan," Bacaltos said.
Meanwhile, the administration camp is set to reply to Ylanan's protest, said Bacaltos. (FREEMAN)