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9. Chato vs. HRET Uploaded by Leslie Lerner
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Limson v. Court of Appeals
1
of 2
Notice of Opposition and
Search document
9. LIW LIWAYWAY VINZ VINZON ONS-C S-CHA HAT TO, peti petiti tion oner er,, vs. vs. HO HOUS USE E ELECTORAL TRI!UNAL "n# EL$ER E. ANOTES, respon#ents. %.R. %.R. No. No. &'( &'()* )*'. '.
AP Civil Services (Dis Proc
OF
RER RERES ESEN ENT TA
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EL$ER EL$E R E. ANOTE NOTES, S, peti petiti tion oner er,, vs. vs. HO HOUS USE E OF RER RERES ESEN ENT TATIVES IVES EL ELEC EC TRI!UNAL "n# LIWAYW LIWAYWA AY VINZONS-CHATO, respon#ents respo n#ents..
Vinzons-Chato (Chato) renewed her bid in the May 10, 2010 elections as represent F"/ts0 Liwayway Vinzons-Chato of the econd Le!islative "istrict of Ca#arines $orte with a total of 20% cl&stered precincts' he l l#er ' anotes (anotes) who was proclai#ed the winner on May 12, 2010' Chato filed an elec protest before the *o&se of +epresentatives lectoral rib&nal (*+) assailin! the res<s in all th cl&stered precincts in fo&r (.) #&nicipalities' &rs&ant to +&le / of the 2011 +&les of the *+, C desi!nated desi!nated forty (.0) pilot pilot cl&stered cl&stered precincts, precincts, e&ivalent e&ivalent to 2% of the total n&#ber of prot cl&stered cl&stered precincts, precincts, in which which revision revision of ballots ballots shall be cond&cted' cond&cted' he initial initial revision of cond&cted on March 21 - 2., 2011, showed a s&bstantial discrepancy between the votes of the partie physical co&nt vis-a-vis their votes per election ret&rns in certain precincts' anotes lost no #ovin! for the s&spension of the proceedin!s in the case, and prayin! that a preli#inary hearin! be s order to deter#ine first the inte!rity of the ballots and the ballot bo3es &sed in the elections'
Conse&ently, Conse&ently, in its +esol&tion, *+ directed the copyin! of the pict&re i#a!e files of ballots relati the protest' 4fter the initial revision of the pilot protested cl&stered precincts, Chato #oved fo revision of ballots in all of the protested cl&stered cl&stered precincts ar!&in! that that the res<s of the revision of of said precincts indicate a reasonable recovery of votes in her favor, b&t was denied by *+' * iss&ed the assailed +esol&tion directin! the contin&ation of the revision of ballots in the re#ainin! protested cl&stered precincts, or a total of 120 precincts' 3pectedly, 3pectedly, anotes #oved for reconsidera which was denied for lac5 of #erit' ISSUE0 ISSUE0 6as there !rave ab&se of discretio discretion n on the part of *+ in orderin! the contin&atio contin&atio revision of ballots in the re#ainin! % of the protested cl&stered precincts7
R1in20 None. he Constit&tion #andates that the *+ 8shall be the sole 9&d!e of all contests rela Constit to the election, ret&rns and &alifications8 of its #e#bers' :y e#ployin! the word 8sole8, the Sign up to vote on this title is e#phatic that the 9&risdiction of the *+ in the ad9&dication of election contests involvin Useful Not useful paired' #e#bers #e#bers is intended to be its own ; f&ll, f&ll, co#plete co#plete and &ni#paire &ni# d' he rib&nal, rib&nal, th&s, &ne&ivo asserted its e3cl&sive control in +&le of the 2011 *+ +&les, as follows<
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Limson v. Court of Appeals
1
of 2
Notice of Opposition and
AP Civil Services (Dis Proc
Search document
4t the ris5 of &nd&ly encroachin! on the e3cl&sive prero!ative of the *+ as the sole 9&d!e of elec contests involvin! its #e#bers, the Co&rt cannot s&bstit&te its own 9&d!#ent for that of the *+ o iss&es of whether the evidence presented d&rin! the initial revision co&ld affect the officially proclai res<s and whether the contin&ation of the revision proceedin!s co&ld lead to a deter#ination of the will of the electorate'
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