CORRO, LOOT
For failing to furnish a copy of his complaint to his rival Daanbantayan Mayor Vicente Loot, former mayoral candidate Augusto Corro lost his election protest case in court.
In his March 31 ruling, Regional Trial Court Judge Ricky Jones Macabaya of the RTC Branch 61 in Bogo City said records of the case showed that Corro did not give Loot a copy of his complaint.
“There is also no evidence showing that a copy of the petition was served through other modes of service as there is no written explanation accompanying the petition,” the judge said.
Macabaya said the 2010 Rules of Procedure in Election Contest Before the Courts involving Elective Municipal Officials provides that failure to serve the complaint shall “cause the pleading or paper to be considered as not filed.”
Sought for comment on the court’s dismissal of his case, Corro said he would appeal the decision.
“There is no law or rule requires that the protestee (Loot) should be given a copy of the protest before filing it in court. The protestee is notified of the protest upon the issuance by the court of summons to him, to which a copy of the protest is attached, as provided under the rules,” Corro said.
“(The election protest case should proceed so) Loot can prove that he really won the election fair and square especially since he was accused as a drug lord protector by President Rodrigo Duterte,” Corro said.
Corro said he is also contemplating in moving for Loot’s recall since he already gathered 20,000 signatures of Daanbantayan constituents.
“He has humiliated Daanbantayan, being accused by the President as a drug lord protector,” he said.
Loot, who won by a seven-vote margin over Corro, said he was not surprised by the ruling.
“At least with the closure, I can focus on governance in Daanbantayan,” he said.
Loot said furnishing the respondent a copy of the complaint was “an elementary procedure no lawyer would ever miss unless it was intentional.”
“I can only guess that perhaps the protest was just to encourage his supporters to keep their hopes alive but (Corro) actually does not want the ballot boxes to be opened because people might know that my lead over him is more than the official count,” he said in a text message to the Inquirer.