By Leslie Ann Aquino
The camp of former Pasig City Mayor Robert Eusebio is seeking a reversal of the decision of the Commission on Elections Second Division which earlier junked his election protest against incumbent mayor Vico Sotto.
The Comelec Second Division dismissed the poll protest citing the insufficiency in form and substance of the election protest in that “it failed to reflect a detailed specification of the acts of omissions complained of showing the electoral frauds, anomalies, or irregularities in the protested precincts.”
In his Verified Motion for Reconsideration, Eusebio’s camp did not agree with the conclusion arrived at in the Order.
“Contrary to the findings of the Honorable Commission (Second Division), the Protest filed by Eusebio did provide a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies and or irregularities in the protested precincts,” it read.
It also stressed that the Protestant does not have the burden, at this infant stage of the proceedings, to prove that the vote counting machines malfunctions and SD card glitches caused him the elections.
“Obviously, this Honorable Commission went overboard in its assailed resolution when it unduly imposed upon the protestant the burden to prove his case when the only issue, at least at this stage, is the sufficiency of the latter’s protest. No more, no less. Proof and evidence will definitely come later,” read the motion.
“How can protestant possibly do this at this early stage of the proceedings? And, contrary to this pronouncement, the only and most expeditious way for protestant to do this is only of this Honorable Commission did not order the immediate dismissal of this case and allow the revision and recount of ballots to proceed,” it further read.
A review of the Order, it said also showed that the Division failed to clearly and distinctly state the relevant facts protestant may have failed to establish, if any, warranting the dismissal of the protest.
It added that it was a grave error for the Honorable Commission (2nd Division) to abruptly order the immediate termination of the instant protest at its very infant stage.
“By touching, refuting and rebutting the allegations contained in the protest even issue and matters absolutely not raise by the protestee in its special and affirmative defenses–to protestant, constitutes a grave and grievous error that must be corrected and rectified by the Honorable Commission En Banc through the grant of the instant Motion for Reconsideration,” it read.
It is also the prayer of the camp of Eusebio that an Order be issued reversing and setting aside the August 30 decision; denying the special affirmative defenses raised by protestee in his answer for utter lack of merit, and giving due course to the Election Protest for being sufficient in form and substance.