SC dismisses election protest vs Leonardia
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.