TAYUG–The election protest filed by a defeated vice mayoralty candidate here against the winning candidate was dismissed in a decision on Thursday by the Regional Trial Court (RTC) here.

RTC Judge Emma Parajas of Branch 52 issued an order dismissing the election protest filed by reelectionist Vice Mayor Madilyn Cabotaje Ramirez against Janet Zaragoza who was declared winner of the May 14 election by only 47 votes.

Represented by Provincial Board Member-elect Alfonso Bince Jr., the outgoing vice mayor has moved for the dismissal of the case on the ground that the RTC has no jurisdiction to try the protest, the venue was improperly laid, and that the protest is insufficient in form and substance as required in Sec. 11 of the Rules and Procedure in Election Contests involving Election Municipal and Barangay Officials.

Judge Parajas said that the first and second grounds submitted lack merit.

But the third ground refers to non-compliance with the requirement laid down in Sec. 11, Rule 2, Rules of Procedure in Election Contests before the Courts, which reads “An election protest shall also state: (d) the total number of precincts of the municipality  or the barangay concerned.”

Judge Parajas noted that the protester concedes that there is, indeed, no specification in the protest as to the total number of precincts in the municipality of Tayuig but submits that the matter is substantially complied with by quoting the result of the election for all precincts within the municipality.

In dismissing the election protest, the Court held that the required contents of an election protest stated in Sec. 11 are mandatory. In fact, it said, that Sec. 13 of the same rules specified that non-compliance with Sec. 11 “is a ground for dismissal of an election protest.—LM

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