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[av_heading heading=’Bacolod’s Monico loses poll protest against Leonardia’ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’18’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY MAE SINGUAY
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Wednesday, March 7, 2018
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BACOLOD City – The Commission on Elections (Comelec) en banc denied former mayor Monico Puentevella’s manifestation with motion to lift entry of judgment and certificate of finality in relation to his protest on the results of the May 9, 2016 elections.
Puentevella filed the manifestation on Nov. 7 last year.
Comelec rejected Puentevella’s appeal through a three-page order dated Jan. 25, which was signed by Comelec acting chairman Christian Robert Lim and Comelec commissioners Al Parreño, Louie Tito Guia, Arthur Lim, and Sheriff Abas.
Comelec commissioner Ma. Rowena Amelia Guanzon inhibited herself from signing.
Puentevella filed the electoral protest on May 20, 2016 after Comelec announced Evelio Leonardia as Bacolod’s mayor-elect.
On Aug. 18, 2016, the Comelec First Division dismissed the protest for insufficiency “in form and content,” citing Section 9, Rule 6 of Comelec Resolution No. 8804.
Puentevella then filed a verified motion for reconsideration (MR) on Aug. 24, 2016 and a supplemental MR on Sept. 1, 2016.
On Aug. 31, 2016, Comelec directed Leonardia to furnish a reactionary document on Puentevella’s MR.
Leonardia defended his victory over Puentevella in the mayoralty race.
“I garnered 120,231 votes against Puentevella’s 97,993 votes – a margin of 22,238 votes,” Leonardia said.
Comelec en banc on Sept. 14, 2017 issued a resolution dismissing the MR. Puentevella received the resolution on Sept. 26.
It was on Oct. 27, 2017 that Comelec issued the entry of judgment and certificate of finalityfor its decision on the electoral protest.
Puentevella received the copy of theentry of judgment and certificate of finality on Nov. 6, 2017.
But on Oct. 23, 2017, Puentevella was able to file a petition for certiorari under Rule 64 of the Rules of Court before the Supreme Court (SC).
He said “it is incorrect” for Comelec to issue the entry of judgment and certificate of finality when he had “timely” filed a petition for certiorari before the SC.
He added he still “has a remedy as provided by law which he timely availed (himself) of even before the certificate of finality and entry of judgment were issued.”
According to Leonardia, Puntevella filing the electoral protest was a “lame attempt to save face.”
“This is just to keep the hopes of the supporters alive and to have a semblance of a fight,” Leonardia said./PN
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