Attys. Leila de Lima
and George Erwin M. Garcia entered their appearance as counsels for
protestant Tuazon, while a co-counsel of Atty. Maria Bernadette V.
Sardillo, appeared for protestee Sarmiento.
At the start of the
hearing, Commissioners Tuason and Sarmiento manifested that they are
not related in anyway to protestant Tuazon and protestee Sarmiento,
who happened to be their namesake, which elicited chuckles inside the
Comelec session hall at Palacio del Gobernador, Intramuros,
Manila.
During the hearing,
presiding Commissioner Tuason set the reception of evidence for
protestant Tuazon starting Tuesday, September 24 until September 26,
in the morning and afternoon for the marking of exhibits, and five
days after to submit a formal offer of evidence, while protestee
Sarmiento was afforded the same period of time to present his
evidence.
The commencement of
the presentation of evidence is the crucial stage of an electoral
contest wherein both parties are given equal opportunities to make
their own submission of evidence after having completed the revision
of ballots, the first stage in the resolution of an election protest,
last September 8.
This process would
take a little more time, but it is the solution which is fair and just
to everyone and is the best way to dispel, once and for all, the
uncertainty that beclouds the true choice of the electorate.
The purpose of an
election protest is to ascertain whether candidate proclaimed elected
by the board of canvassers is really the lawful choice of the
electorate. What is sought in an election protest is the correction
of the canvass of votes, which is the basis of the proclamation of the
winning candidate.
Earlier, Tuazon
counsels and revisors submitted written objections to thousands of
ballots cast in favor of protestee Sarmiento; discovered fraud and
irregularities which were patent on the face of the ballots, such as
marked ballots, stray ballots, ballots written by the same hand, and
ballots written by different hands; six empty ballot boxes in
barangays Payahan, Obrero, Nijaga, San Policarpo and Pilar; and wet
and unreadable ballots in barangay Peña.
“For nothing is hidden
that will not be disclosed, nor is anything secret that will not
become known and come to light,” Tuazon quoted a passage from the
Bible. “The contested ballots in all the 490 precincts in 157
barangays in Calbayog City, Samar, when properly appreciated will
sufficiently establish not only my electoral victory but also the
entire slate of the Nacionalista-Liberal-PDSP Party/Kampi candidates,”
he said.
Meanwhile, the
revision of ballots has resumed and is expected to be completed before
end of the month on the electoral protest filed by Ariel M. Rosales,
former City Councilor in the second district of Calbayog City, against
Vice-Mayor Onald Aquino. Further, the COMELEC second division has set
on October 1, the start of the revision of the contested ballots for
the first district of Calbayog City for Councilors while the second
district will follow.
