'INSUFFICEINT IN FORM, CONTENT'
Court junks poll protest vs Moises Padilla mayor
THE Regional Trial Court Branch 49 has ordered the dismissal of the election protest filed by former Moises Padilla mayor Magdaleno Peña against current town Mayor Ella Garcia-yulo for the 2019 Midterm elections.
In a court order signed by Acting Presiding Judge Edgar Tupas on August 22, it stated that the court has studied Peña’s election protest dated May 23, 2019 and it has found that the same must be summarily dismissed, motu proprio, because it is insufficient in form and content.
In his 25-page order, Hon. Judge Tupas stated that it is not enough for
an election protest to merely allege a fraud, anomaly or irregularity in order that the pleading can be regarded as sufficient in form and content.
According to the order, the protestant sought to substantiate his allegations of electoral fraud by including several sworn statements of Peña’s poll watchers and some voters who voted for him.
However, these are insufficient in form and content.
The order also stated that even if one is to assume that all such registered voters voted for the protestant, their votes will still be insufficient to overcome Garcia-yulo’s presumptive lead of 7,563 votes.
The court has also set a schedule on Garciayulo’s counterclaim for damages against Peña on September 23.
Garcia-yulo won the midterm elections after garnering 13,056 votes against Peña’s 5,493 votes.*