Judge Divina Luz Aquino-Simbulan
in her seven page decision dismissed the election protest being insufficient in
form and substance.
Court’s ruling
The decision disclosed that
protestant Sagum through counsel merely presented general statements of fraud,
anomalies and irregularities without detailing the acts being complained.
“Protestant failed to show that
the fraud, anomalies, and irregularities alleged in the election protest had
been recorded in the minutes of the voting from any of the protested precincts,
and protestant failed to state any evidence that would show that such fraud,
anomalies and irregularities ever happened at all,” the court decision quoted.
Sagum contested the results of
all the precincts in Candaba town. However, the court in its decision cited the
case of “Sy vs. Macias, et al. decided
on March 23, 2010 which stated the ruling of the Supreme Court saying that a
protest attacking all the precincts is not an election protest and is
reminiscent of a petition for failure of elections that falls within the
jurisdiction of the Commission on Elections.
Fishing expedition
Lawyer Romulo Macalintal,
Maglanque’s legal counsel told Sun Star Pampanga that the protestant failed to
present evidence to support their claim of irregularities last mid term
elections in town.
He explained that the protestant
is merely resorting to “fishing expedition.”
“Sinabi nila nadaya sila pero
hindi naman nila sinasabi kung ilang boto ang nawala sa kanila, kung saan saang
presinto sila nadaya ni wala silang basis para suportahan ang kanilang
alegasyon,” Macalintal stressed.
With this, the court said that to
allow the election protest to prosper despite grave failure of protestant to
comply with the basic mandatory requirements will allow protestant to merely
fish for evidence.
Landmark decision
Macalintal claimed that the decision on the
election protest filed against Maglanque was historical being among the first
in the country to be decided by the court expeditiously.
“Na file ang kaso noong May 24,
2013, natanggap ng korte noong May 27, June 3 tinggap ng nagrereklamo ang sagot
ni Mayor-elect Maglanque at lumabas ang desisyon ng June 10. Kung ang lahat ng
judge ay tulad ni Judge Simbulan magkakaroon tayo ng political stability,
mawawala yung divisiveness ng mga tao,” he stressed.
Double victory for Candabenios
Mayor-elect Maglanque said that
the people in Candaba got a double victory.
The first when choice of the
people reflected in the recently concluded elections and the second one is when
the court upholds the regularity of the results of the elections as contested
by Sagum.
“Alam nyo masayang masaya ako
dahil lumabas ang totoong boses ng mga taga Candaba. Pakiramdam ko tulad ng
maraming kababayan ko dalawang beses kaming nanalo sa nagdaang halalan,” he
pointed out.
Maglanque got a total votes of
14,730 followed by Sagum who garnered only 14,039 votes
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