SUPPORTERS of Magbinuligay Kita sa Kauswagan (MKK) in Bacolod City filed a motion for reconsideration before the Regional Trial Court Branch 42 on their petition related to the results of the May 9 elections.
The motion dated December 7, 2016, showing the actual, legal and constitutional controversies, was filed by petitioner Richard Calulut, et al., through their lawyers Lyndon Caña and Joel Cabalatungan.
The Pamilya MKK party was headed by former mayor Monico Puentevella, who lost to Mayor Evelio Leonardia in his reelection bid.
On November 21, 2016 Judge Fernando Elumba dismissed the manual recount or audit of the ballots cast in the May 9 elections in Bacolod filed by 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.
They filed the case against the City Board of Canvassers, which also included City Election Registrar Mavil Majarucon-Sia, and the City Treasurer of Bacolod.
Puentevella got 97,993 votes while Leonardia garnered 120,231 votes.
The petitioners’ lawyers stated that the respondents violated Section 206 of BP 881 as amended by Section 21 of Republic Act 8436, requiring that the only basis for the proclamation of the result of the election is the consolidated result contained in the storage data device used in the printing of the election returns and not the electronically transmitted result.
The plaintiffs are not asking for the annulment of the election results because what they are asking for is a manual audit or recount of the ballots cast in the May 2016 elections premised on the illegality and unconstitutionality of Comelec Resolution No. 10083 for being violative of Republic Act 8436 and related substantive election laws.
On December 15, defendant-intervenors lawyers Joselito Bayatan and Edward Cuansing also filed an opposition before the RTC Branch 42.
Bayatan said the petitioners are only asking for manual recount, but still not to declare who is the winner because they only want to know the mechanics of the electronic election.
He said the findings of the court that is the cause of action of plaintiffs is not the basis of their abstract assessment of the conduct of election or their speculation of whatever manner in the counting of votes are beyond rectification much less to be of great concern in the motion for reconsideration.
