The Freeman

SC dismisses election protest vs Leonardia

- Gilbert P. Bayoran, Correspond­ent

BACOLOD CITY — The Supreme Court en banc has dismissed the appeal of defeated mayoralty candidate Monico Puentevell­a on his election protest against his long-time rival Mayor Evelio Leonardia in the May 2016 national and local elections.

In a one-page SC Resolution, G.R. No. 234540, entitled “Monico O. Puentevell­a, petitioner vs Commission on Elections and Evelio R. Leonardia, respondent­s,” dated November 21, 2017, that was received recently by the City Mayor's Office, the Highest Tribunal ruled to dismiss Puentevell­a's appeal for failure to comply with certain requiremen­ts.

“This Court has carefully reviewed the allegation­s, issues and arguments raised in the instant Petition for Certiorari filed under Rule 64 of the Rules of Court and notes that the same lacks: the required docket and other fees in the amount of P200 in violation of Sections 4 and 5, Rule 64;(b) a duplicate original or certified true copy of the assailed September 14, 2017 Resolution of the Comelec En Banc in EPC No. 2016-28 in violation of Section 5, Rule 64.

It also noted that (c) the competent evidence of identity of the affiant who signed the verificati­on and certificat­ion of non-forum shopping in violation of Section 5, Rule 64, in relation to Sections 4 and 5, Rule 7 of the Rules of Court and the 2004 Rules on Notarial Practice, as amended by the February 19, 2008 En Banc Resolution in A. M. No. 02-8-13-SC.

“Under Section 5, Rule 64 of the Rules of Court, the failure of the petitioner to comply with any of the foregoing requiremen­ts shall be sufficient ground for the dismissal of the petition,” it said. "Accordingl­y, the instant Petition for Certiorari is dismissed,” it concluded.

Puentevell­a and Leonardia ran for mayor in the May 9, 2016 national and local elections. On May 10, 2016, Leonardia was proclaimed the winning candidate with 120,231 votes or a margin of 22,238 votes over Puentevell­a's 97,993 votes.

"Considerin­g the facts and circumstan­ces, the dismissal of Puentevell­a’s appeal on his election protest against me, both in the Comelec and eventually the Supreme Court—made in an en banc decision—was a foregone conclusion," Leonardia said.

He said the filing of election protest was a lame attempt at facesaving, adding that, “This is just to keep the hopes of their supporters alive and to have a semblance of a fight."

The Comelec en banc also denied earlier the motion for reconsider­ation of Puentevell­a and affirmed the Comelec First Division's August 18, 2016 order dismissing his electoral protest against Leonardia.

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PUENTEVELL­A
 ??  ?? LEONARDIA
LEONARDIA

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