- NND NEWS TEAM
Bacolod Municipal Trial Court in Cities Branch 4 Judge Francisco Pando dismissed for lack of merit the petition to exclude former Rep. Alfredo Benitez from the list of registered voters of Bacolod City.
Pando said in a decision dated Oct. 1 that there is no valid ground to exclude Benitez from the list of registered voters of Precinct Number 0629A in Brgy. Mandalagan, Bacolod City.
Considering that the application for the transfer of voter’s registration of Benitez was filed on April 22, 2021, the ERB has not committed error when it made a finding that he was able to meet the six months residency requirement on the day of the election, Pando said.
Petitioners Hector Yula, Teodoro Abao, and Jonah Tornea Abao had claimed that the city’s Election Regulation Board (ERB) gravely erred when it approved the application of Benitez to vote in Brgy. Mandalagan.
But Judge Pando said, “Upon scrutiny of the evidence submitted by the parties, the court finds that, by clear and positive proof, respondent Benitez has complied with all of the requisites to acquire a new domicile by choice in the locality where he proposed to vote”.
He also ruled that the physical presence of Benitez as resident of Mountain View Subdivision in Brgy. Mandalagan, particularly at the Bantug compound, has been attested as true by actual occupants, including his first cousin, Maria Remedios Hermilinda Bantug, his driver, Renato Olis, Jolyn Regalado and Brandon Chan.
Atty. Andre Norman Saril, counsel for Benitez, said Oct. 4 that the court dismissed the petition because it was the same as what was filed and already decided by the ERB.
Benitez said, “As expected, since it’s the same petition, therefore, it has the same result.”
He said he believes the petition has no basis and asked the other camp why it still brought the matter to court since it was already decided by the ERB. – GB/MML
