Massive Fraud! Alleges Marasigan PDF Print E-mail
 

Written by Jong Cadion, on 08-06-2007 16:45

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Tags : fraud, election, massive, marasigan, dinah, comelec, fernandez, blancia, fucoy, irregularities, technicalities, characterized, consideration, ineligibility, jurisprudence, disqualified, panlalawigan, proclamation, representing,


     Pagadian City – "The best thing (or the easiest way) for evil to triumph is for good men to do nothing," says Zamboanga del Sur First District Board Member Dinah Marasigan after filing her election protest against the five newly proclaimed Board Members in the last May 14, 2007 Synchronized National and Local elections.

carbonized_campaing_material
Alleged carbonized campaign materials used in electoral fraud.

     The protest was filed within ten days from the date of the proclamation of winners as required under the COMELEC Rules of Procedure against Board Members Ramon O. Blancia, Jr., Rogelio J. Saniel, Baldomero Fernandez, Flaviano R. Fucoy, Jr., and Ernesto A. Mondarte.

     In the affidavit submitted by BM Marasigan to the COMELEC she stated that the Protestant and the Protestees were voted upon for the same position as members of the Sangguniang Panlalawigan and the protestees were proclaimed winners by plurality of votes and that the protestees as the proclaimed winners in the May 14, 2007 elections are not the true choice of the electorate of the First District of the province of Zamboanga del Sur as members of the Sangguniang Panlalawigan.

     The May 14, 2007 elections is marred with massive vote-buying, electoral fraud, irregularities and illegal acts committed before, during and after the casting and counting of votes in violation of the Omnibus Election Code and related laws such that, absent such frauds, irregularities and violations, the votes cast would have materially affected the over-all outcome of the elections, Marasigan stated.

dinah_marasigan
Board Member Dinah Marasigan
Under the Omnibus Election Code, any candidate who, in an action or protest in which he is a partly is declared by final decision of a competent court guilty of, or found by the Commission of having given money or other material consideration to influence, induce or corrupt the voters shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office.That under existing jurisprudence, every protest must be based upon those grounds which, according to law, would quash an election, invalidate it, or change its results. The first class refers to ineligibility of the winning candidate, the second, to the non-compliance of the mandatory provisions of the law that is the violation of the proceedings essential to election and the last, to frauds committed at the polls or anomalies in the count of votes which affect the election results, Dinah explained.

     An election contest is a proceeding imbued with public interest which elevates it to a plane above ordinary actions. It is the duty of the courts to ascertain in an expeditious manner without being fettered by technicalities and procedural barriers, the real candidate elected to the end that the will of the people may not be frustrated. When an election protest alleges frauds and irregularities such that the legality of the election of the protested is placed in serious doubt, the courts should proceed to ascertain the truth of the allegations of frauds and irregularities, not necessarily to declare the protestant elected but to determine whether the protestee was legally elected, because once it is shown that frauds and irregularities had characterized the election, the court may annul the election and declare that no candidate had been elected, Marasigan added.

    It may be recalled that, BM Dinah Marasigan had been elected twice as Board Member representing 1st District of the province, and consistent as No. 1 during the 2004 elections.


Last update : 10-06-2007 17:51

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