THE dismissal by the Commission on Elections (Comelec) of the electoral protest filed against Makati City Mayor Mar-Len Abigail Binay proves that the case was a sham, Binay’s legal counsel said Friday.
“Mayor Abby is thankful to the Comelec for seeing the protest filed by (former Makati Mayor Romulo “Kid”) Peña for what it is, a sham pleading filed by a losing candidate who could not accept the reality of being soundly rejected by the Makati citizenry,” Subido said in a statement.
With the junking of the case, he said Binay can now foucs on fixing the “mess” left by Peña when he was the mayor of the city.
“One should only look at the deplorable condition of the Ospital ng Makati during the brief stint of Peña’s administration, which is now being addressed with great difficulty considering its magnitude,” Subido added.
On September 20, 2016, the first division of the Comelec ruled that the protest of Peña suffered from “insufficiency in form and content”
The poll body said that even considering any of the versions of the election protest filed by Peña was flawed because it “failed to indicate a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the protested precincts.”
According to the Comelec, Peña failed to indicate the precincts where alleged errors in the scanning of the ballots or appreciation thereof by the vote-counting machines took place. Peña also failed to state the details on the ballots allegedly rejected by the precinct count optical scan (PCOS) machines where ballots were allegedly prepared and fed by people other than the voters.
“The allegations that votes cast do not accurately reflect the election receipts, vote-buying, harassment and intimidation allegedly done by the Protestee [Binay], and vote-shaving should be considered as general statements as they are devoid of specific instances where these happened or how these took place. The use by the Protestant [Peña] of phrases like numerous instances, in some instances, in one instance, etc. reflects that these statements of irregularities are broad and general in description, which the law does not allow,” the commission said.
The Comelec said Peña’s “observations of discrepancies in the certificate of canvass and the statement of votes or alleged missing votes are mere conclusions, speculations and generalizations that can be validly explained.”