In a 19-page decision, Judge Alfredo Flores of Pasig RTC Branch 167 said Tinga failed to prove and substantiate his charges of misrepresentation of voters and other anomalies committed by Mayor Papa, which could turn the decision into his favor.
"It is the opinion of the Court that the votes canvassed or counted will not be increased or decreased even if tampering or manipulation of the ballots occurred after the elections," said Flores.
Flores decision paved the way for the expected return bout between Mayor Papa and Tinga in the coming May 14 elections.
Tinga’s allegations of fraud, irregularities or anomalies allegedly committed during the elections could only be uncovered with the examination of ballots and other election documents, the court said.
Based on the inspection, examination and review done by the court, the contested ballots in 990 precincts revealed that Papa won with a plurality of 2,088. The mayor received a total vote of 66,256 against Tinga’s 64,168.
In his election protest, Tinga argued that Papa supporters committed anomalies and irregularities after the voting and the counting and canvassing of the ballots.
Judge Flores ruled that "it is well-entrenched rule that the objective in the appreciation of the ballots is to discover and give effect to the intention of the voters. No technical rule or rules should be permitted to defeat the intention of the vote, if that intention is discovered from the ballot itself, not from evidence alluded. This rule of interpretation goes to the very root of the system." – Non Alquitran and Rainier Allan Ronda