AGOO, La Union– A regional trial court judge here dismissed an election protest filed against this town’s re-elected Mayor Sandra Eriguel due to the complainant’s failure to appear in court and the lack of notarized “special power of attorney.”
Judge Clifton Ganay ruled in his decision that during the pre-trial, the complainant, Theresa Dumpit Michelena, the losing mayoral bet, failed to personally appear in court while her counsel, lawyer Rafael Nacionales, appeared but could not present a notarized special power of attorney.
“For failure of the protestant to personally appear in court and lawyer Nacionales not armed with a notarized SPA, this case (election protest) is dismissed,” Ganay’s one-page decision stated.
During the trial, Nacionales manifested the absence of his client and presented an unnotarized copy of SPA which was sent through the Internet.
However, lawyer Rolando Rivera, Eriguel’s counsel, told Ganay that the e-mailed copy of SPA, which was not notarized, is an invalid permit for court appearance based on court rules.
Due to the non-appearance of the complainant and the absence of valid SPA from her counsel, Rivera immediately requested dismissal of the case which was granted by the court.
Based on court regulations, it is mandatory for a complainant to be present during the trial of an election protest, but if in case of his/her absence, a legally notarized SPA should be presented by the counsel.
Eriguel was absent during the trial but her lawyers were armed with a notarized SPA.
Right after the May 10 elections, Dumpit-Michelena, who lost to Eriguel by over 14,000 votes, filed an election protest against her rival due to alleged irregularities such as the alleged switching of pre-programmed compact flash cards, alleged manipulation of election results, among others.
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