THE Electoral Contests Adjudication Department (Ecad) of the Commission on Elections (Comelec) issued a certificate of finality on its decision on the electoral protest filed by former Bacolod City mayor Monico Puentevella against his successor Mayor Evelio Leonardia.
The three-page decision dated October 27, 2017 was signed by Ecad Director IV Allen Francis Abaya.
The order stated that considering the lapse of 30 days from receipt by protestant Puentevella of a copy of the resolution of the Commission en banc promulgated on September 14, 2017, the said resolution is hereby declared final and executory.
On August 18, 2016, the Commission’s First Division dismissed the appeal of Puentevella for insufficiency in form and content in accordance with Section 9 in relation to Section 7, Rule 6 of Comelec Resolution No. 8804 or the Comelec Rules of Procedure on Disputes in an Automated Election System.
Puentevella also filed a verified motion for reconsideration on August 23, 2016. However, on September 14, 2017, the Commission en banc denied its appeal and affirmed the August 18, 2916 order.
Records reveal that protestant Puentevella, through counsel, received on September 26, 2017 a copy of the resolution of the Commission en banc promulgated on September 14, 2017.
Section 14, Paragraph (a), Rule 18 of the Comelec Rules of Procedure, as amended by Resolution No. 7808 promulgated on January 16, 2007, provides that in ordinary actions, special proceedings, provisional remedies and special reliefs, a decision or resolution of the Commission en banc shall become final and executory after 30 days from its promulgation, the order said.
Copies of the certificate of finality will also be sent to the Office of President Rodrigo Duterte, the Secretary of the Department of the Interior and Local Government, the Chairman of the Commission on Audit and the Secretary of the City Council, in accordance with Section 12, Paragraph (a), Rule 18 of the Comelec Rules of Procedure, as amended by Resolution No. 7808 promulgated on January 16, 2007.
Puentevella could not be reached for comment on Monday.
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.
Not satisfied with the result of the elections, Puentevella filed an electoral protest with the Comelec on May 20, 2016.
For his part, Leonardia said it is good news and it is already expected considering the fact and circumstances of the big difference in their votes.
“This protest is only for face-saving, to show that there is a fight. We believe that this is going nowhere,” he said.
