HRET throws out protest vs Pampanga lawmaker

MANILA, Philippines - The nine-member House of Representatives Electoral Tribunal (HRET) has unanimously thrown out the election protest filed against Rep. Oscar Rodriguez of Pampanga’s third district by losing candidate Aurelio Gonzales Jr.

Rodriguez obtained 140,826 votes in the May 2013 election against Gonzales’ 108,275. The winner was then mayor of San Fernando City, while his opponent was the incumbent representative of their district.

In the decision written by Supreme Court Justice Presbitero Velasco Jr., who is HRET chairman, the tribunal said Gonzales’ protest must be dismissed as he raised the wrong issues against the proclaimed winner.

It said an election protest must alleged irregularities in the conduct of the election and the counting of votes, and a complainant must specify the precincts where such anomalies were committed.

“Aside from the fact that protestant failed to mention the specific number of precincts which he claims he was supposed to have won, a perusal of the petition of protest should show that there was no allegation of fraud and irregularities in the conduct of the elections and in the counting and canvassing of votes,” it said.

The tribunal noted that Gonzales had accused Rodriguez of alleged vote buying by releasing checks for P3,000 to P5,000 to seven constituents and financial assistance to about 1,000 scholars at the Don Honorio Ventura Technological University just days before the election.

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Rodriguez said the checks to his seven constituents came from a loan program jointly undertaken by the Department of Social Welfare and Development.

As for the financial assistance to scholars, he said he just attended its distribution by the school.

“The disqualification of a candidate on the ground of vote-buying, terrorism, overspending, and the commission of other prohibited election acts… may be sought in proceedings before the Commission on Elections before the proclamation of the winner,” the HRET said in its ruling.

It said massive vote buying may be raised in an election protest that seeks to annul the result of an election, but not the disqualification of the elected candidate.

However, it said that for a vote buying complaint to prosper, the alleged illegal act must affect more than half of the votes cast and the tainted ballots must be identified.

“Considering that there are no allegations of fraud and irregularities committed by protestee (Rodriguez) in the conduct of the May 13, 2013 elections, as well as in the counting of and canvassing of votes, the proper remedy is a criminal case,” it said.

Those who concurred with the decision were Justices Diosdado Peralta and Lucas Bersamin, and the six representatives of the House in the HRET.

The six are Franklin Bautista of Davao del Sur, Joselito Mendoza of Bulacan, Mark Enverga of Quezon, Maria Theresa Bonoan of Manila, Jerry Treñas of Iloilo City, and Luzviminda Ilagan of party-list group Gabriela.

Source: philstar.com - Nation