The Commission on Elections (Comelec) has dismissed the election protest filed by former Cebu City Mayor Tomas Osmena against incumbent Mayor Michael Rama.
In a decision dated November 13, Comelec’s first division ruled that based on the reviewed ballots, Osmeña could not recover at least 20 percent of the lead of Rama after the 2013 elections. This means the Comelec can already dismiss the protest.
“With the foregoing discussion, and after the revision of the pilot-protested precincts, this Commission finds that the Protestant (Osmena) failed to recover at least 20 percent of the lead of the Protestee (Rama). For this reason and pursuant to Section 6 (b), Rule 15 of COMELEC Resolution No. 9720, the Commission resolves to dismiss the instant Protest,” read the order signed by presiding commissioner Christian Robert Lim and commissioners Luie Tito Guia and Ma. Rowena Amelia Guanzon.
Based on the Comelec resolution, a protest may be dismissed by the commission if no reasonable recovery can be made from the pilot protested precincts. Substantial recovery is made if Osmena is able to recover at least 20 percent of the overall vote lead of Rama.
From the total of 592 clustered precincts in Cebu City, Rama garnered 218,632 votes while Osmena only had 212,265. This means Rama led over Osmena by 6,367 votes.
Twenty percent of the lead is 1,274.
Even if all votes objected by Osmena are affirmed by Comelec, Lim ruled that Osmena still needs around 1,153 votes to recover since he was able to object to only 121 votes claimed by Rama.
Another 157 votes were claimed by Osmena. The total votes claimed by both Rama and Osmena were 353. Comelec noted that there are 109 stray ballots, 48 rejected ballots, 351 ballots from stray ballots claimed by both parties and two rejected ballots claimed by both parties.
Even if the ballots contested by both Rama and Osmena will be granted to the latter, the Comelec said they would still not meet the 20 percent requirement.
Sought for his comment, Osmeña said he received a copy of the decision but doesn’t plan on contesting it.