By Ferdinand Patinio
MANILA — The camp of former Pasig City mayor Robert Eusebio has asked the Commission on Elections (Comelec) en banc to reverse and set aside the decision of its Second Division junking his election protest against incumbent mayor Victor Ma. Regis Sotto.
In a 24-page motion for reconsideration filed by his lawyer, Sixto Brillantes, on September 6, Eusebio urged the seven-man en banc to give due course to his election protest.
Eusebio believed that the Commission en banc has the power to correct and rectify the error in the earlier ruling.
“With all due indulgence, herein Protestant would like to express herein its perception that after a detailed review and analysis of the division ruling herein sought to be reconsidered, that the same appears to serve as a final decision of the merito of the protest case instead of a mere resolution of protestee’s special and affirmative defenses,” said the MR, released on Wednesday.
“By touching, refuting and rebutting the allegations contained in the protest event issues 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 through the granting of the instant Motion for Reconsideration,” it added.
The MR said the poll body’s Second Division “failed to clearly and distinctly state the relevant facts protestant may have failed to establish, if any, warranting the dismissal of his Protest.”
“In other words, there is absolutely no discussion at all in the assailed Order how the Honorable 2nd Division arrived at its conclusive that the sworn statements attached to the Protest do not support or provide specific details on the averments to which they refer to and the reasons why these sworn statements were considered self-serving and one-sided in Protestant’s favor,” it said.
Last month, in a unanimous decision, the poll body’s Second Division junked the election protest for failure to show sufficient evidence of the supported irregularities in the last May polls.
The three-man division is headed by Commissioner Luie Guia and Commissioners Socorro Inting and Antonio Kho, Jr., as members.
Sotto led by 87,500 votes over his closest rival for the mayoralty post in the last May polls. (PNA)