In his answer to the election protest seeking to nullify his proclamation, Bato Mayor Juan Rodulfo has asked the Regional Trial Court to summarily dismiss his opponent’s petition for failing to specify the alleged fraud in the protested precincts.
Through his counsel, Atty. Oliver Rodulfo, the local chief executive said the protest filed by Princess Vanessa Rodriguez does not state the detailed specifications of the acts or omissions complained of showing electoral fraud, anomalies or irregularities as required by the Supreme Court.
“The instant protest is not sufficient in form and substance and protestant is merely fishing for evidence when she made a general and scattershot allegations of election fraud and irregularities,” Rodulfo said.
It cited the High Court’s ruling in Aguillo vs. Comelec where it stated that mere doubts, fears and apprehensions of the protestants are not actionable if the allegations are unsupported by even the faintest whisper of authority in fact and in law.
The mayor, who won his third term, stressed that the elections in Bato were generally and relatively free, honest, peaceful and orderly as it went through keen public scrutiny, including the presence of concerned citizens groups and the poll watchers of the opposing candidates.
He pointed out that Rodriguez and her watchers and/or representatives did not register any objection, protest or challenge before the various Electoral Boards and the Municipal Board of Canvassers, with no allegations of electoral fraud and irregularities recorded in the minutes of voting from any of the protested precincts.
“Thus, the failure of herein Protestant to avail of the various remedies she could have resorted to either in the proceedings before the EB’s or Municipal Board of Canvassers (MBOC) is a clear indication that the allegations of electoral fraud and irregularities are nothing but mere afterthoughts,” counsel Rodulfo emphasized, adding that this means the protestant is already estopped and must be precluded from raising objections or issues relative to voting and counting of ballots.
He urged the Court to render judgment dismissing the protest for utter lack of merit and affirming the proclamation of Rodulfo as the duly elected mayor of Bato.