LAOAG CITY -- The Regional Trial Court, Branch 14, based here, has forwarded to the Commission on Elections records of an election protest filed by Augustus A. Salazar against Generos D. Aquino Jr. over the mayoral post of Piddig, Ilocos Norte.
The protest was raffled to the Comelec’s First Division headed by Commisioner Rene V. Sarmiento and was docketed as EAC No. A-44-2007. Aquino was given a non-extendible period of 30 days to file his brief. Salazar was given similar length of time to file his answer.
Aquino, assisted by his legal counsel Sixto S. Brillantes Sr., said he has already filed his brief and he and his lawyer is awaiting Salazar’s answer. In his 57-page brief, Aquino asked the Comelec to set aside the RTC decision declaring Salazar the winner in his election protest and proclaiming him the duly elected mayor of Piddig.
He said that as unequivocally designated and categorized by Salazar himself, his protest was ex abundante ad cautelam, meaning there was a pending petition to annul proclamation filed earlier.
Brillantes, Aquino’s lawyer, contended that the RTC did not acquire jurisdiction over Salazar’s protest because his protest ad cautelam was never converted into a regular protest.
“It was also filed out of time, and the required filing fees were not paid rendering all subsequent proceedings before the trial court a sham and null and void,” Brillantes said.
Even if the merits of the protest are considered, the misappreciation by the trial court of the ballots for Aquino calls for rectification, and his victory as the duly elected mayor of Piddig to be confirmed and affirmed.
Aquino was proclaimed by the municipal board of canvassers on May 16, 2007 as the duly elected mayor of Piddig with a margin of 71 votes over Salazar. -- ETS
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