HRET CASES 1995-1998
CASE NO.
PARTICULARS
STATUS OF CASE
95-001 (EP)
ROBERTO S. AQUINO -V.- EDUARDO L. RAMA.SR.
[ORDER] The Motion to Withdraw Protest filed by protestant's counsel is hereby GRANTED, the election protest is DISMISSED and this case is considered CLOSED and TERMINATED.
95-002 (EP)
CHRIS F. MENDOZA -V.- ANTONIO BENGSON,III
The protestee's Motion to dismiss and protestant's Motion to withdraw the protest are hereby GRANTED , the election protest is DISMISSED for failure of the protestant to pay the required additional cash deposit, and the protestant's request for the refund of the unused cash deposit is DENIED.
95-003 (EP)
LORETTA P. DE LA LLANA -V.- JAMES J. GORDON,JR. / 1ST DISTRICT ZAMBALES
The Protest is hereby DISMISSED and, by virtue of the results of the revision and appreciation...the Tribunal hereby DECLARES Protestee Gordon,Jr. to have obtained the majority of the valid votes..., with a plurality of 7,415 votes, and qualified to hold the said position.
95-004 (EP)
WILFREDO B. BANZON -V.- ROMEO CANDAZO / LONE DISTRICT MARIKINA
The Protest of Protestant Banzon is DISMISSED and by virtue of the results of revision and appreciation..., the Tribunal hereby DECLARES that Protestee Candazo, having obtained Forty Seven Thousand Five Hundred and Forty-Three (47,543) votes over that of Protestant who obtained Forty Six Thousand and Seven Hundred Forty Eight (46,748) votes, or a margin of Seven Hundred Ninety Five (795) votes over the latter...
95-005 (EP)
ROLANDO N. ABADILLA V. ROQUE ABLAN,JR. / 1ST DISTRICT ILOCOS NORTE
Both the protest and counter-protest in this electoral contest are hereby DISMISSED and this case is declared CLOSED and TERMINATED, without pronouncement as to costs.
The Tribunal Resolved to NOTE and DENY the Motion for Reconsideration filed by deceased protestant's counsel and widow.
95-006 (EP)
GERARO N. FLORES -V.- OSCAR G. GARIN / 1ST DISTRICT ILOILO
The Tribunal declares Protestee OSCAR G. GARIN to be the duly elected Representative of the First Legislative District of Iloilo with a plurality of Thirteen Thousand One Hundred Thirty-Eight (13,138) votes.
Considering that there exist no cogent reason to warrant the reversal of the Decision, the Tribunal hereby Resolve to DENY WITH FINALITY both motions for lack of merit.
95-007 (QW)
WILFRIDO C. NAVAL -V.- GILBERTO M. DUAVIT / 1ST DISTRICT RIZAL
Petitioner has failed to present convincing evidence, testimonial or documentary, that the alleged vote-buying was done by the respondent or with the latter's knowlege and consent. Their belief that the said sample ballots and the money came from respondent is pure conjecture and finds no basis in the evidence on record. The instant petition is hereby DISMISSED.
95-008 (EP)
ZOSIMO JESUS M. PAREDES,JR. -V.- BERNARDO M. VERGARA / LONE DISTRICT BAGUIO CITY
judgment is hereby rendered: 1. DISMISSING the instant election protest; 2. AFFIRMING the proclamation by the Board of Canvassers of Protestee Vergara to be the duly elected Representative for the Lone Legislative District of Baguio City; 3. DECLARING protestee VERGARA as the duly elected Representative for the Lone Legislative District of Baguio City; having obtained a plurality of valid votes with a margin of 34,020 over the second placer, Protestant Paredes,Jr....
95-009 (EP)
GENEROSO S. SANSAET -V,- CEFERINO S. PAREDES,JR. / LONE DISTRICT OF AGUSAN DEL SUR
the Protest of Protestant Sansaet is DISMISSED and by virtue of the results of revision and appreciation..., the Tribunal hereby CONFIRMS the proclamation of, and DECLARES Protestee Paredes,Jr. as the duly elected Representative of the lone Legislative District of Agusan del Sur. with a margin of Seven Hundred Thirty Six (736) over the Protestant Sansaet..
95-010 (EP)
GLENDA B. ECLEO -V.- CONSTANTINO H. NAVARRO,JR. / 1ST DISTRICT SURIGAO DEL NORTE
Judgment is hereby rendered: 1.DISMISSING the instant protest of protestant Glenda B. Ecleo; and 2.AFFIRMING the proclamation of Protestee Navarro,Jr. and DECLARING him to be duly elected Representative for the First Legislative District od Surigao del Norte, having obtained a plurality of Two Thousand One Hundred Eleven (2,111) votes over the second placer,Protestee Ecleo; and DISMISSING, for lack of merit, the counterclaim of Protestee Navarro,Jr.
95-011 (EP)
ERNESTO S, AMATONG -V.- CRESCENTE Y. LLORENTE,JR. / 2ND DISTRICT ZAMBOANGA DEL NORTE
The Protest is DISMISSED and the Tribunal hereby AFFIRMS the proclamation of, and DECLARES Protestee Llorente. as the duly elected Representative of the 2nd Legislative District of Zamboanga de Norte. with a plurality of Two Thousand Eight Hundred Twenty (2,820) votes.
Protestant Amatong's Motion for Reconsideration is hereby DENIED WITH FINALITY, for lack of merit.
95-012 (QW)
JULIO H. OZAMIS -V.- PERCIVAL B. CATANE / 1ST DISTRICT MISAMIS OCCIDENTAL
In view of the failure of Petitioner Ozamis to submit the requisite quantum of evidence to warrant the relief sought, the Petition to Declare the Disqualification of Percival Catane as Representative of the First District of Misamis Occidental is hereby DISMISSED, without pronouncement as to costs.
95-013 (EP)
REGINA B. RABUYA -V.- RODOLFO T. TUAZON / 1ST DISTRICT SAMAR
Judgment is hereby rendered: 1. DISMISSING this protest; 2. DECLARING Protestee Rodolfo T. Tuazon the duly elected Representative for the First Legislative District of Samar, with a plurality of Nine Thousand Forty Two (9,042) votes and AFFIRMING his proclamation as such by the Provincial Board of Canvassers; and 3.DENYING for lack of merit Protestee's claims for damages and expenses of litigation
95-014 (EP)
TEODORO Q. PEÑA -V.- ALFREDO E. ABUEG,JR. / 2ND DISTRICT PALAWAN
For failure of the Petition (Protest) to state a cause of action because it is fatally insufficent in formm and substance, the Tribunal Resolved to GRANT Protestee's Motion to Dismiss and to Dismiss, as it hereby DISMISSED, the instant Petition of Protest, and also for the same reason, Protestee's Counter-Protest is DISMISSED.
The Tribunal Resolved to DENY WITH FINALITY said Motion for lack of merit.
95-015 (EP)
GENEROSO C. TULAGAN -V.- ERIC GALO P. ACUNA
Protestant's and Protestee's Joint Motion to Dismiss is NOTED and GRANTED. The instant protest is hereby DISMISSED and this case is considered CLOSED and TERMINATED.
95-016 (EP)
SALACNIB F. BATERINA -V.- MARIANO M. TAJON / 1ST DISTRICT OF ILOCOS SUR
The Tribunal Resolved to: DISMISS the instant election protest; AFFIRM the proclamation of Protestee MARIANO M. TAJON; and to DECLARE him the duly elected and duly qualified Representative of the First District of Ilocos Sur, having obtained Thirty Two Thousand Seven Hundred NInety-Four (32,794) over Protestant....
The Tribunal Resolved to DENY with finality Protestee Tajon's Urgent Motion for Partial Reconsideration, as there remains to be no evidence to compel the Tribunal to reverse the denial of his claims for damages.
95-017 (EP)
MA. LIVIA SINGSON DE LEON -V.- MARIANO M. TAJON / 1ST DISTRICT OF ILOCOS SUR
For non-compliance with the said two (2) previous Resolutions, namely Resolution No, 95-132 and Resolution No. 95-164, and for lack of interest on the part of Petitioner Ma.Livia Sinson de Leon, the Tribunal Resolved to DISMISS the instant Petition for quo warranto pursuant to Rule 32 and 33 of the Revised Rules of the Tribunal.
95-018 (EP)
EDUARDO M. FRANCO -V.- ANTONIO M. SERAPIO / LONE DISTRICT VALENZUELA
The Protest is DISMISSED and the Tribunal hereby AFFIRMS the proclamation of Protestee Antonio M. Serapio and DECLARES him to be the duly elected Representative of the Lone District of Valenzuela, for having obtained the majority of the valid votes cast....with a plurality of Thirteen Thousand Three Hundred Eighty-Two (13,382)votes.
95-019 (EP)
JOSE L. CABOCHAN -V,- RICARDO SILVERION / 3RD DISTRICT BULACAN
The Tribunal Resolved to NOTE Petitioner's Comment, GRANT his Urgent Motion to Withdraw the Protest Case, CONSIDER this Petition WITHDRAWN and DECLARE this case CLOSED and TERMINATED.
95-020 (EP)
MARCELINO C. LIBANAN -V.- JOSE TAN RAMIREZ / LONE DISTRICT EASTERN SAMAR
In the light of the foregoing, the Tribunal Resolved to DISMISS the election protest, ... AFFIRM the proclamation of Protestee Ramirez, and DECLARE him to be the duly elected Representative of the Lone District of Eastern Samar, for having obtained a plurality of 143 votes over Protestant Libanan.
Protestant Libanan's Motion for Reconsideration is DENIED with FINALITY.
95-021 (EP)
MANUEL H. PUEY -V.- ALFREDO G. MARAÑON / 2ND DISTRICT NEGROS OCCIDENTAL
Judgment is hereby rendered: 1. DISMISSING this protest; 2. DECLARING Protestee ALFREDO MARAÑON the duly elected Representative for the 2nd Legislative District of Negros Occidental, with a plurality of Three Thousand Five Hundred Ninety-Six (3,596) votes and AFFIRMING his proclamation as such by the Provincial Board of Canvassers; and 3.DENYING for lack of merit Protestee's claims for damages and expenses of litigation.
95-022 (QW)
DIMASALANG TUASON -V.- JAMES J. GORDON,JR. / 1ST DISTRICT ZAMBALES
The Tribunal finds and so holds the Respondent Gordon,Jr. is a natural-born citizen of the Philippines..., the instant petition is hereby DISMISSED for lack of merit, without pronouncement as to cost
95-023 (QW)
ROMUALDO T. VICENCIO -V.- WILMAR P. LUCERO / 2ND DISTRICT NORTHERN SAMAR
Judgment is hereby rendered: 1. ANNULING and SETTING ASIDE the proclamation of Protestee Wilmar Lucero; and 2.DECLARING Protestant Romualdo Vicencion as the duly elected Representative of the Second Legislative District of Northern Samar, for having obtained, after due revision and appreciation, a margin of Seven Hundred Sixty Eight (768) votes over Protestee Lucero, and for not being disqualified from holding said office.
95-024 (EP)
DOMINADOR N. VENEGAS -V.- ENRIQUE T. GARCIA / 2ND DISTRICT BATAAN
judgment is hereby rendered: 1. DISMISSING the instant protest; and 2. AFFIRMING the proclamation of Protestee Garcia and DECLARING him to be the duly elected Representative for the 2nd Legislative District of Bataan, having obtained a plurality of One Thousand Eight Hundred Ninety-Six (1,896) votes over the second placer, Protestant Venegas...
95-025 (EP)
BENITO C. SE,JR. -V.- CARLOS R. IMPERIAL / 2ND DISTRICT ALBAY
Acting upon Protestant's Manifestation dated 13 June 1995, stating, inter alia, that he is no longer interested in pursuing his Protest ad has no objections to its dismissal, the Tribunal Resolved to GRANT the same and consider this case DISMISSED and the instant Protest CLOSED and TERMINATED.
95-026 (EP)
RENATO A. YAP -V.- REYNALDO A. CALALAY / 1ST DISTRICT QUEZON CITY
The Protest of Protestant RENATO A, YAP is DISMISSED and by virtue of the results of revision and appreciation in the one thousand two hundred seventy-nine (1,279) precincts, the Tribunal hereby DECLARES Protestee REYNALDO A, CALALAY, the duly elected Representative of the First Legislative District of Quezon City, having obtained Fifty One Thousand Five Hundred Forty-Seven (51,547) votes, over that of Protestant....and CONFIRMS protestee's earlier proclamation as the duly elected Representative.....
95-027 (EP)
ARDEN S. ANNI -V.- ASANI S. TAMMANG
The Protest and counter-protest are hereby DISMISSED and this case is considered CLOSED and TERMINATED. Consequently, the ongoing technical examination of the election documents involved in the counter-protested precincts is ordered TERMINATED, without prejudice to such charges incurrred by protestee relative to the technical examination during the pendency of the parties' joint motion to dismiss.
95-028 (QW)
AURELIO E. ALIGAYA -V.- JEROME V. PARAS and GERARDO R. LITUANAS
It appearing that petitioner Aligaya does not have the requisite standing to file an election protest against respondent Paras, the instant petition is hereby DISMISSED.
Finding the grounds raised in his motion for reconsideration insufficient, the Tribunal Resolved to DENY said motion for lack of merit.
95-029 (EP)
ISMAEL B. ABUBAKAR -V,- NUR G. JAAFAR / LONE DISTRICT, TAWI TAWI
The TRIBUNAL Resolved to 1. DISMISS the instant protest and CONSIDER this case CLOSED and TERMINATED; and 2. Direct the Clerk of the Tribunal to TERMINATE the ongoing technical examination of the election documents involved in the protested and counter-protested precincts....
The Tribunal Resolved to DENY WITH FINALITY, Protestant Abubakars Motion for Reconsideration.
95-030 (EP)
MADKI A. ALONTO -V.- MAMINTAL M. ADIONG / 1ST DISTRICT LANAO DEL SUR
The TRIBUNAL Resolved to DISMISS the instant Protest for Protestant's failure to comply with Resolution No. 95-191 of 21 July 1995 and for failure to pay the initial cash deposit within the period provided in Rule 21 of the Revised Rules of the Tribunal. As a logical consequence thereof and for failure to pay the filing fee required in Rule 31, the counter-protest is likewise DISMISSED.
95-031 (EP)
JOSEFINA B. ALMAZAN -V.- ALEJANDRO C. ALMENDRAS,JR.
It apppearing that Protestant Almazan received a copy of, but failed to comply with, Resolution No. 95-323, the Tribunal Resolved to NOTE and GRANT Protestee Almendras' Manifestation and MOtion to Dismiss. No pronouncement as to costs.
95-032 (EP)
HOMOBONO A. ADAZA -V.- PEDRO P. ROMUALDO / LONE DISTRICT CAMIGUIN
For lack of verification of Protestant Adaza's Petition Ex Abundanti Cautela, the Tribunal Resolved to GRANT Protestee Romualdo's Motion to Dismiss and hereby DISMISSES the instant Petiton of Protest. As a logical consequence thereof the counter-protest is likewise DISMISSED.
95-033 (QW)
CIRILO ROY MONTEJO -V.- IMELDA R. MARCOS / 1ST DISTRICT LEYTE
The TRIBUNAL Resolved to 1. DISMISS the Ammended Petition, filed on November 14, 1996; and 2. DECLARE that respondent Imelda R. Marcos has satisfied the residence qualification as Member of the House of Representatives, First District of Leyte...
The Tribunal finds no compelling reason to modify its Decision and this reason RESOLVED to DENY petitioner's Motion for Reconsideration
95-034 (EP)
MICHAEL O. MASTURA -V.- DIDAGEN P. DILANGALEN / LONE DISTRICT OF COTABATO CITY
The Tribunal GRANT protestant's Motion to Withdraw protest, DISMISS protestee's counter-protest and counterclaim as a logical consequence, and CONSIDER this case CLOSED and TERMINATED.