How an election protest is done?

Lawyer Marchel Sarno, Commission on Elections (Comelec) Officer VII | CDN Photo / Pia Piquero

CEBU CITY, Philippines – Lawyer Marchel Sarno, Commission on Elections (Comelec) Officer VII, urged those who want to file an election protest to do so now since the deadline for the filing of the same will be tomorrow, November 10.

In an interview with the reporters on Thursday, November 9, Sarno said that the role of Comelec is limited to certifying the election outcome since the definitive outcome would be determined by the court.

This follows after an election protest was filed in the Municipal Trial Court in Cities (MTCC) in Cebu City by a former barangay captain in Barangay Mabini, Cebu City, Manny Pepito, who lost by two votes, against the incumbent and reelectionist barangay captain, Richard Adolfo.

According to Sarno, Pepito, the petitioner, lodged an election protest on the grounds that one of his poll watchers had testified that votes, which should have been in his favor, were not credited to him.

The poll watcher executed an affidavit attached to the petition, attesting to the matter.

Sarno added that once the election protest is filed in court, the court will require all the pertinent records and ballot boxes to be retrieved for the recount and this task will be assigned to a special committee.

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Once the recounting is concluded, the court will then assess the allegations made by the petitioner and determine whether they are accurate or not.

Regardless of the ongoing election protest, the winning candidate is obliged to assume office unless otherwise directed by a court decision.

“Padayon na siya kay winning candidate man siya, meaning valid until annulled,” the Comelec official said.

Furthermore, Sarno explained that there are no other conditions for the winning candidate to assume the position during the protest period. The winning candidate is entitled to receive all the benefits and compensation that come with the position.

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However, if the final result concludes that the winning candidate is not the rightful winner, then they will have no choice but to give the position to the official winner.

“Katong mga gagmay ra ug ligas, sagrado man gyud atong mga boto unya ug dili ta mo fight, ato lang mga supporters mo-fight, it’s unfair. Katong mga dagko labaw, paabota nalang two years ra bitaw na,” Sarno advised.

The lawyer mentioned election protests are not new to them as they have encountered similar situations in the past.

“Depende ra gyud na ug kanus-a ug unsay sulti sa judge, but if specific time, usually discretion na gyud sa judge,” Sarno said.

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