Eastern Visayas Media Without Bordersby Miriam G. Desacada
Tacloban City–The Comelec 2nd division stated that, if re-elected Mayor Lucy Torres-Gomez could not prove that she did not receive any summons or election protests filed against her by her opponent Violeta Codilla, the petition for a recount of ballots and re-tabulation of returns will be granted.
On May 26 the Comelec clerk of court issued a summons with copy of Codilla’s election protest, informing Mayor Lucy that an election protest was filed against her and that, she is required to file a verified answer within five days from the date she received the summon.
Upon checking with the LBC Track and Trace website by the Comelec division clerk, the summon was delivered on May 30 and received by a certain Jess Bughaw, an office staff of Mayor Lucy.
If the prescribed period of five days from receipt of the documents is to be followed then Mayor Lucy could have submitted to the Comelec her verified answer to the protest at the most on June 6.
The mayor however denied she had received any summons and/or election protest filed against her, the reason why she was unable to answer in due time. Her denial of receipt contradicted the LBC’s proof of delivery with tracking number 81203147987, as shown with a receipt by her employee.
,
In this regard, the Comelec 2nd division directed, in an order dated July 4, Mayor Lucy to provide evidence refuting LBC’s report of the delivery of the summons to her.
The division also ordered its clerk to furnish again the lawyer of Mayor Luch a copy of the summons with election protest and other attachments, similar to the one issued earlier on May 26.
The Comelec stated that, if Mayor Lucy still fails to answer the protest, then it will be compelled to grant Codilla’s petition and order a recount or examination of the ballots, and verification or re-tabulation of the election returns, a process that may be participated by the protestant (Codilla) or her representative.
The protestee (Mayor Lucy), or her representative, may be present and observe the proceeding, but could not comment on the ballots and election returns, according to the Comelec’s order, which was signed by Presiding Commissioner Rey Bulay of Comelec 2nd division. —-Miriam G. Desacada
