Ortega asks Comelec: Suspend a Bataoil brothers’ victory
LINGAYEN—A motion has been filed before the Commission on Election (Comelec) First Division in Manila seeking the suspension of the proclamation of 2nd District Rep. Leopoldo Bataoil and his brother, Lingayen Municipal Councilor Ramon Bataoil, should they win in their respective re-election bids.
The petition was filed by Richard Beil Ortega, who earlier lodged a disqualification case before the Comelec against the two for alleged vote-buying activities and another case of grave threats, kidnapping and violation of the election code.
The latest filing by Ortega is “An Extremely Urgent Motion to Suspend Proclamation” citing a Comelec rule that allows for the suspension of proclamation if there is a pending case against the candidate.
Section 5 Rule 25 of the Comelec Rules and Procedure as amended by Resolution No. 9523, promulgated on Sept. 25, 2012 states: “Effect of Petition if unresolved before completion of canvass—If a petition for disqualification is unresolved by final judgment on the day of elections, the petitioner may file a motion with the Division or Commission en banc where the case is pending to suspend the proclamation of the candidate concerned, provided that the evidence for the grounds to disqualify is strong. For this purpose, at least three days prior to any elections, the Clerk of the Commission should prepare a list of pending cases and furnish all Commissioners copies of said list.”
“In the event that a candidate with an existing and pending petition to disqualify is proclaimed winner, the Commission shall continue to resolve the said petition,” Ortega’s petition says.
Rep. Bataoil, in a statement, has denied the allegations and said he will answer all the charges in a proper forum.
“I vehemently deny all the allegations and I consider all said charges as a desperate act of a perennial losing candidate,” Bataoil said, referring to his lone rival, Kim Lokin, whom he defeated in a five-cornered congressional fight in the May 2010 elections.
Bataoil and Lokin are in a one-on-one fight in the May 13 elections.—Eva Visperas
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