Ruling favoring voters stays

CEBU, Philippines - The Municipal Trial Court in Cities (MTCC) found no reason to reverse its earlier ruling denying the request to exclude at least 63 individuals from the Commission on Elections (Comelec) voter’s list.

In his order, MTCC Branch 2 acting presiding judge Edwin Diez said he found no ground to reverse his earlier ruling dismissing the petition filed by Melchor Escabarte of Barangay Paril, Cebu City and that of Barangays San Nicolas and Pasil, also of Cebu City.

In his order, Diez said Escabarte failed to state the addresses or places of residence of the voters complained of. Escabarte also failed to attach the proof of notice in the petition.

“As early as 1985, Section 142 of the Omnibus Election Code (OEC) mandates, among others, that the petition for exclusion shall be accompanied by proof of notice to the challenged voters. The purpose of proof of notice is two-fold. One, to see to it that the challenged voter is real and can be found and second, to afford him adequate time to contest the petition thereby ensuring the observance of due process,” Diez said.

Diez said further that under Section 138 of the Code, the court should not entertain any motion for reconsideration.

“Wherefore, premises considered, this court finds no compelling reason to modify, much less, reverse its original order to dismiss the petition of this case; hence, the instant motion for reconsideration of the petitioner has to be, as it hereby denied, for lack of merit and for the reason afore-stated,” the order read.

Escabarte through lawyer Roxanne Rhea Tirol earlier filed an exclusion case against Atty. Marchel Sarno in the latter’s capacity as election supervisor of Cebu City’s North District, the election registration board (ERB) and 63 private respondents.

He alleged that these 63 private respondents were not actual residents of Pasil as they came from different barangays and cities. Because of this, their names should be expunged from the voters’ list of registration.

With the MTCC ruling, Escabarte and the three barangays elevated the case to the Regional Trial Court (RTC).

Meanwhile, Diez also denied the motion for reconsideration filed by councilman Romeo Ocarol Sr., senior citizen Leopoldo Reyes Sr., PRO of Pasilian Senior Citizen Luzviminda Acido, former barangay tanod Gonzalo Reyes and senior citizen Raulino Fuentes of barangay Pasil as well as the motion filed by petitioners from barangay San Nicholas.  (FREEMAN)