The Regional Trial Court Branch 42 in Bacolod City has denied the motion for reconsideration filed by supporters of Magbinuligay Kita sa Kauswagan (MKK) on the manual recount or audit of the ballots cast in the May 9, 2016 elections.
The two-page decision dated April 10, 2017 signed by Judge Fernando Elumba stated that the petitioners have not such direct adverse effect or direct injury as a result of the act complained of.
It may not be amiss to say it is their non-winning candidates in the local election who are to sustain, said direct adverse effect or direct injury, if any, it added.
The Pamilya MKK party was headed by former mayor Monico Puentevella, who lost to Mayor Evelio Leonardia in his reelection bid last year.
Puentevella got 97,993 votes while Leonardia garnered 120,231 votes.
On May 30, 2016, petitioners Richard Calulut, Rufino Alcala, Rodelyn Jagunap, Lope Ledesma Jr., Levy Cadagat Jr., Rodolfo Robles Jr., Banni Macapodi, Nelson Reyes, Rosanna Ilon, Jose Jessie Bantigue, Madeline Diaz, Salvacion Penuela, Febe Legaspi, Joji Agbas, Emilia Lopez, Edgardo Emilia, Jessel Sombilla, and Stella Alfabeto filed the case against the City Board of Canvassers, which also included City Election Registrar Mavil Majarucon-Sia, and the City Treasurer of Bacolod.
The order said an illuminating pronouncement of the Highest Tribunal on actual case or controversy, in the case of James Imbong, et al. vs Honorable Paquito Ochoa Jr., executive secretary, et al, states that an actual case or controversy means an existing case or controversy that is appropriate or ripe for determination, not conjectural or anticipatory, lest the decision of the court would amount to an advisory opinion.
On November 21, 2016, the court dismissed the said case, including the petition-in-intervention filed by former councilors Homer Bais, Alex Paglumotan, and Catalino Alisbo along with Bong Dilag, Arnel Sigue, and Jocelyn Uychiat.
On August 18, 2016, the Comelec First Division also dismissed the electoral protest filed by Puentevella against Leonardia.
City Legal Officer Joselito Bayatan said the petitioners can still file an appeal, but eventually on the lower level since it was already decided on the merits that it’s all about the question of law.
