Comelec junks poll protest motion vs Parañaque mayor

The Commission on Elections (Comelec) has dismissed for lack of merit the motion for reconsideration filed by former Parañaque Mayor Pablo Olivarez on the decision that affirmed the proclamation of Mayor Florencio Bernabe as the duly-elected chief executive of the city in the May 2004 elections.

In a five-page decision, the Comelec en banc also denied Olivarez’s motion to inhibit Commissioners Mehol Sadain and Florentino Tuason, members of the Commission’s Second Division, from hearing his appeal for reconsideration, claiming both were prejudiced and antagonistic against him.

Last Oct. 05, the Second Division dismissed Olivarez’s election protest and affirmed the proclamation of Bernabe as the duly elected mayor of the city of Parañaque.

The recent decision released by the Comelec affirmed the findings made by the Second Division that the contested ballots favoring Olivarez were tampered.

"There is a clearing showing in this case that the ballots were indeed tampered, the original results which are presumed correct remains to be the true results of the elections. Thus, the counting conducted by the various boards of election inspectors is considered the best evidence of the outcome of the election polls conducted in the City of Parañaque," the Comelec said.

The Commission en banc also found no errors in the findings of the Second Division that would favor Olivarez’s motion.

Bernabe said the decision will inspire him to continue to implement programs and projects that will further contribute to the progress of the city and its residents.

"This recent development only proves that the truth will prevail and that I once again commend the Comelec for being faithful to their duty in defending the inviolability of the ballot," the mayor said.