Republic of the Philippines

HOUSE OF REPRESENTATIVE ELECTORAL TRIBUNAL

Electoral Tribunal Building
Commonwealth Avenue, Quezon City

HARLIN C. ABAYON,
Protestant,

-versus- HRET Case No. 16-013

(EP)
First District, Northern
RAUL A. DAZA, Samar
Protestee.
x - - - - - - - - - - - - - - - - - - - - -x

PRE-TRIAL BRIEF
(FOR THE PROTESTANT)

Protestant HARLIN C. ABAYON, through counsel, in

compliance with the directive of Resolution No. 16-095 of
this Honorable House of Representatives Electoral Tribunal
(Tribunal for brevity) dated November 24, 2016, a copy of
which was received on January 6, 2017 and in accordance
with Rule 50 of the 2015 Revised Rules of the House of
Representatives Electoral Tribunal or HRET Rules, unto this
Honorable Tribunal, most respectfully states that:

I.
NO DESIGNATION
OF PILOT PROTESTED PRECINCTS
DUE TO THE SLIM PROCLAMATION MARGIN

1.1. The last paragraph of Rule 40 of the 2015 HRET Rules

provides that if the proclamation margin is only one
thousand (1,000) votes or less, the revision of ballots or
the examination, verification or re-tabulation of election
returns and/or reception of evidence shall cover all the
contested precincts.

1.2. Since the proclamation margin of Protestee Daza over

Protestant Abayon is only ninety (90) votes, then the
recount/revision of ballots or the examination, verification or
re-tabulation of election returns and/or reception of evidence
shall cover all the fifty-eight (58) contested precincts
subject of the Petition (Election Protest) while all of the
thirteen (13) protested precincts where Protestant seeks an
annulment of election results shall likewise be covered by
the reception of evidence for the Protestant, thus:

FOR RECOUNT OR REVISION OF BALLOTS

(58 CLUSTERED PRECINCTS)

MUNICIPALITY BARANGA CLUSTERE ESTABLSIHE VOTES

Y D D OBTAINED
PRECINCT PRECINCTS ABAYO DAZA
S NUMBER NUMBER N
LOPE DE GEN. CP12 0023A, 70 233
VEGA LUNA 0023B
SAN ISIDRO VERIATO CP25 0056A, 223 422
0056B,
0057A,0057
B,
0058A,
0058B
VERIATO CP26 0059A, 303 330
0059B,
0060A,
0060B,
0061A,
0061B,
0061P1
ALLEN JUBASAN CP21 0041A, 172 362
0041B,
0041C,
0042A,
0042B
JUBASAN CP22 0043A, 181 324
0043B,
0044A,
0044B,
0045A,
0045B
JUBASAN CP23 0046A, 131 387
0046B,
0047A,
0047B,
0047C
LO-OC CP31 0063A, 29 460
0063B,
0064A,
0064B,
0065A,
0065B

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 2 of 26
 LONDRES CP30 0060A, 120 424
0060B,
0061A,
0061B,
0062A
GUIN- CP19 0038A, 79 214
ARAWAYA 0038B,
N 0039A,
0039B
KINABRA CP3 0005A, 137 277
NAN 0006A,
ZONE II 0008B,
(POB.) 0012B
KINABRA CP4 0006B, 103 302
NAN 0007A,
ZONE II 0009A,
(POB.) 0009B,
0012A
KINABRA CP5 0007B, 107 288
NAN 0008A,
ZONE II 0010A,
(POB.) 0011A,
0011B
VICTORIA ACEDILLO CP5 0014A, 65 189
0015A
ZONE III CP3 0007A, 229 265
(POB.) 0007B,
0008A,
0009A,
0009B,
0010A
ZONE III CP4 0011A, 285 306
(POB.) 0011B,
0012A,
0012B,
0013A
COLAB- CP9 0021A, 253 348
OG 0021B,
0022A,
0022B,
0023A
ERENAS CP11 0026A, 193 260
0026B,
0027A,
0027B,
0030A
LUISITA CP15 0035A, 121 160
0036A
LIBERTAD CP14 0033A, 183 236
0033B,

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 3 of 26
 0034A,
0034B
LAVEZARES ENRIQUET CP15 0028A, 217 244
A 0028B,
0029A,
0030B
ENRIQUET CP16 0029B, 182 251
A 0030A,
0031A,
0031B
BANI CP10 0020A, 207 300
0020B,
0021A,
0022A
VILLA CP36 0068A, 236 325
0068B,
0069A,
0069B,
0070B
VILLA CP37 0070A, 245 379
0071A,
0071B,
0072A,
0072B
CATARMAN IPIL-IPIL CP42 0028A, 196 233
(POB.) 0029A,
0032B
IPIL-IPIL CP43 0030A, 186 248
(POB.) 0030B,
0031A,
0032A
MOLAVE CP59 0048A, 169 193
(POB.) 0048B,
0049A
MOLAVE CP60 0050A, 144 189
(POB.) 0050B,
0051A,
0051B
NARRA CP61 0056A, 244 283
(POB.) 0057A,
0061A,
0061B
NARRA CP62 0058A, 249 264
(POB.) 0059A,
0059B,
0063A,
0063B
NARRA CP63 0060A, 259 286
(POB.) 0060B,
0062A,

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 4 of 26
 0062B,
0064A
YAKAL CP87 0075A, 244 304
(POB.) 0075B,
0079A,
0079B,
0080A
YAKAL CP88 0076A, 234 296
(POB.) 0076B,
0077A,
0077B,
0078A
CAWAYAN CP18 0109A, 230 300
0109B,
0110A,
0112B
CAWAYAN CP19 0110B, 209 323
0111A,
0112A,
0113A,
0116B,
0117B
CAWAYAN CP20 0114A, 247 273
0114B,
0115A,
0116A,
0117A
CERVANT CP21 0118A, 315 364
ES 0118B,
0120A,
0120B,
0123A
CERVANT CP22 0119A, 280 246
ES 0119B,
0121A,
0121B,
0122A,
0122B
MACAGTA CP55 0157A, 214 345
S 0157B,
0157C,
0160A
MACAGTA CP56 0158A, 250 302
S 0158B,
0159A,
0159B
MCKINLEY CP57 0161A, 188 229
0161B,
0161C

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 5 of 26
 MCKINLEY CP58 0162A, 194 251
0162B,
0163A,
0164A,
0164B
POLANGI CP68 0175A, 217 345
0175B,
0179A,
0179B
POLANGI CP69 0176A, 312 236
0176B,
0180A,
0180B,
0181A
POLANGI CP70 0177A, 222 256
0177B,
0178A,
0178B,
0181B
QUEZON CP71 0182A, 137 211
0182B,
0183A
WASHING CP85 0206A, 158 141
TON 0206B
WASHING CP86 0207A, 188 207
TON 0207B,
0208A
CAPUL SAWANG CP16 0036A, 212 198
0036B,
0037A,
0037B
SAWANG CP17 0038A, 147 345
0039A,
0039B,
0039C
MONDRAGON CHITONG CP1 0001A, 218 379
CO (POB.) 0001B,
0002A,
0002B
CHITONG CP2 0003A, 204 350
CO (POB.) 0003B,
0004A,
0004B,
0005A
CHITONG CP3 0005B, 180 311
CO (POB.) 0006A,
0006B,
0006C
CAHICSA CP14 0023A, 96 261
N 0023B,

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 6 of 26
 0024A,
0024B
SAN MANRAYA CP8 0018A, 166 312
ANTONIO 0019A,
0020A,
0020B
DALUPIRI CP6 0014A, 153 287
T 0016A,
0017A
DALUPIRI CP7 0014B, 162 280
T 0015A,
0015B,
0016B,
0017B
SAN CP11 0025A, 140 172
NICOLAS 0026A

FOR ANNULMENT OF ELECTION RESULTS

(13 CLUSTERED PRECINCTS)

MUNICIPALITY BARANGA CLUSTERE ESTABLSIHE VOTES

Y D D OBTAINED
PRECINCT PRECINCTS ABAYO DAZA
S NUMBER NUMBER N
LOPE DE ROXAS CP19 0038A, 55 91
VEGA 0038B
SAN CP23 0043A, 55 186
MIGUEL 0043B,
0043C
SAN ISIDRO SALVACIO CP19 0042A, 232 347
N 0042B,
0043A,
0043B,
0044A,
0044B,
004P1
PALANIT CP16 0035A, 231 350
0035B,
0036A,
0036B,
0037A
PALANIT CP17 0037B, 151 335
0038A,
0038B,
0039A,
0039B
PALANIT CP18 0040A, 153 326
0040B,
0041A,
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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 7 of 26
 0041B,
0041P1
CATARMAN CAG- CP13 0102A, 178 247
ABACA 0103A,
0103B
CAG- CP14 0104A,
ABACA 0105A, 182 223
0106A,
0106B
IMELDA CP41 0146A,
0146B, 108 280
0147A,
0147B
HINATAD CP40 0143A, 135 355
0144A,
0144B,
0145A,
0145B
CAPUL SAN LUIS CP14 0031A, 266 278
0031B,
0032A,
0032B,
0033A
SAN LUIS CP15 0033B, 248 333
0034A,
0034B,
0035A,
0035B
BOBON SOMORO CP26 0051A, 150 295
Y 0051B,
0052A,
0052B

II.
SUMMARY OF ADMITTED FACTS

2.1. The filing by the Protestant of his Certificate of

Candidacy for the position of Member of the House of
Representatives of the First Legislative District of Northern
Samar for purposes of the May 9, 2016 National and Local
Elections as the official nominee of the Nacionalista Party.

2.2. Personal circumstances of the Protestee and the

filing of his Certificate of Candidacy for the position of
Member of the House of Representatives for the First
Legislative District of Northern Samar for purposes of the

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 8 of 26
recently concluded May 9, 2016 National and Local Elections
as the official nominee of the Liberal Party.

2.3. The proclamation of the Protestee as the winning

candidate for Member of the House of Representatives of the
First Legislative District of Northern Samar on May 17, 2016.

2.4. The official proclamation margin of the Protestee

which is a total of Ninety (90) votes.

2.5. The fact that the Protestee is Counter-Protesting

One Hundred Thirty Five (135) clustered precincts which
functioned during the May 9, 2016 National and Local
Elections in the Municipalities of Biri, Catarman, Lavezares,
Lope de Vega, San Antonio, San Jose, and Victoria, Northern
Samar.

III.
PROPOSED STIPULATION OF FACTS

3.1. Massive electoral fraud, terrorism, anomalies and

irregularities marred the elections in the Thirteen (13)
protested clustered precincts that functioned in Brgy. Roxas,
Lope de Vega, Brgy. Salvacion, San Isidro, Brgy. San Miguel,
Lope de Vega, Brgy. Palanit, San Isidro, Brgy. Cag-abaca,
Catarman, Brgy. Imelda, Catarman, Brgy. Hinatad, Catarman,
Brgy. San Luis, Capul, and Brgy. Somoroy, Bobon, Northern
Samar, which merits the annulment of election results
thereat.

3.2. The recount and revision of the contested ballots

from ALL the Fifty-eight (58) protested clustered precincts
in the nine (9) Municipalities of Lope de Vega, San Isidro,
Catarman, Capul, Allen, Victoria, Lavezares, Mondragon, and
San Antonio, Northern Samar can best determine the
veracity of the electoral frauds, anomalies and irregularities
in these areas as pleaded for in the protest.

IV.
THE ISSUES TO BE TRIED AND RESOLVED
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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 9 of 26
 4.1. Whether or not various electoral fraud, terrorism,
anomalies and irregularities marred the elections in the
Thirteen (13) protested clustered precincts that functioned
in Brgy. Roxas, Lope de Vega, Brgy. Salvacion, San Isidro,
Brgy. San Miguel, Lope de Vega, Brgy. Palanit, San Isidro,
Brgy. Cag-abaca, Catarman, Brgy. Imelda, Catarman, Brgy.
Hinatad, Catarman, Brgy. San Luis, Capul, and Brgy.
Somoroy, Bobon, Northern Samar, which merits the
annulment of election results thereat.

4.2. Whether or not the recount and revision of the

contested ballots from ALL the Fifty-eight (58) protested
clustered precincts in the nine (9) Municipalities of Lope de
Vega, San Isidro, Catarman, Capul, Allen, Victoria, Lavezares,
Mondragon, and San Antonio, Northern Samar can best
determine the veracity of the electoral frauds, anomalies and
irregularities in these areas as pleaded for in the protest.

4.3. Whether or not Protestant Abayon should have

been credited with and garnered the most number of votes
and emerged as the winning candidate for the position of
Member of the House of Representatives for the First
Legislative District of Northern Samar were it not for the
electoral fraud, terrorism, anomalies and irregularities that
took place thereat during the May 9, 2016 automated
National and Local Elections and May 14, 2016 Special
Elections.

V.
DOCUMENTS OR EXHIBITS TO BE PRESENTED

EXHIBIT DESCRIPTION PURPOSE/S

NO.
A Certificate of Candidacy - To prove the fact of
of Protestant Abayon. the candidacy of
Protestant Abayon
during the May 9,
2016 National and
Local elections for
the position of
Representative of
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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 10 of 26
 the First Legislative
District of the
Province of Northern
Samar and to serve
as guide in the
appreciation of
contested ballots.

B Certificate of Candidacy - To prove the fact of

of Protestee Daza. the candidacy of
Protestee Daza
during the May 9,
2016 National and
Local elections for
the position of
Representative of
the First Legislative
District of the
Province of Northern
Samar and to serve
as guide in the
appreciation of
contested ballots.

C Certified true copy of the - As proof of the

Certificate of Canvass of votes obtained and
Votes and Proclamation credited to the
of Winning Candidates parties and date of
for Member of the House proclamation of
of Representatives of the Protestee Daza as
First Legislative District Representative of
of the Province of the First Legislative
Northern Samar. District of the
Province of Northern
Samar.

D Certified true copy of the - As proof of the

Provincial Certificate of votes obtained and
Canvass for Member of credited to the
Representative of the parties and to serve
First Legislative District as basis in
of the Province of computing the
Northern Samar. undisputed/uncontes

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 11 of 26
 ted votes.

- As further proof of
the parties
respective gains and
losses after the
revision and recount
of the votes/ballots
in the contested
precincts.

E, E- Certified true copies of - To prove the votes

1 and City/Municipal Certificate obtained by the
series of Canvass. parties in the
clustered precincts
that functioned in
the contested
precincts in the First
Legislative District of
Northern Samar
reported during the
May 9, 2016 National
and Local elections
as electronically
transmitted from the
said clustered
precincts and to
serve as basis in
computing the
undisputed/uncontes
ted votes.

- As further proof of
the parties
respective gains and
losses after the
annulment of
election results in
the identified
contested clustered
precincts and the
revision and recount
of the votes/ballots

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 12 of 26
 in the contested
precincts subject of
the instant protest.

F to Certified True Copies - To prove the

F-1 of the Project of number of clustered
and Precincts of the First precincts that
series Legislative District of the functioned of the
Province of Northern First Legislative
Samar. District of the
Province of Northern
Samar relative to the
May 9, 2016 National
and Local elections
and to serve as
guide in the proper
identification of
precinct numbers in
the First Legislative
District of the
Province of Northern
Samar.

G to Certified True Copies - To prove the votes

G-1 of the Statement of obtained by the
and Votes by Precinct parties in the
series (SOVP) covering the clustered precincts
votes obtained for the that functioned in
position of the First Legislative
Representative of the District of the
First Legislative District Province of Northern
of the Province of Samar reported
Northern Samar in during the May 9,
relation to the May 9, 2016 National and
2016 National and Local Local elections as
elections. electronically
transmitted from the
said clustered
precincts and to
serve as basis in
computing the
undisputed/uncontes
ted votes.

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 13 of 26
 - As further proof of
the parties
respective gains and
losses after the
revision and recount
of the votes/ballots
in the contested
precincts.

H to Copies of the - As proof of the

H-1 Sinumpaang Salaysay massive electoral
and of registered voters and fraud, terrorism,
series the video clippings as anomalies and
well as the police irregularities that
blotters in the First pervaded the
Legislative District of the elections in the First
Province of Northern Legislative District of
Samar. Northern Samar.

I to I- Copies of the news - As proof of the

1 and reports on the massive electoral
series foregoing incidents that fraud, terrorism,
transpired during the anomalies and
May 9, 2016 National irregularities that
and Local elections in pervaded the
the First Legislative elections in the First
District of the Province of Legislative District of
Northern Samar. Northern Samar.

J to J- Copies of the - As proof of the

1 Sinumpaang Salaysay massive electoral
of poll watchers that fraud, terrorism,
transpired during the to anomalies and
the recently concluded irregularities that
May 9, 2016 National pervaded the
and Local elections in elections in the First
the First Legislative Legislative District of
District of the Province of Northern Samar.
Northern Samar.

K Post-Election Report - As proof of the

(attached dated August 1, 2016 massive electoral
and
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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 14 of 26
marked as from the Office of the fraud, terrorism,
Annex A Provincial Election anomalies and
in the
Supervisor irregularities that
Manifestati
on and pervaded the
Verified elections in the First
Answer Legislative District of
dated Northern Samar.
November
16, 2016)

L and Letter dated July 13, - As proof of the

series 2016 from Acting massive electoral
(attached Provincial Director of the fraud, terrorism,
and Northern Samar Police anomalies and
marked as
Provincial Office, irregularities that
Annexes
A-1to A- Certifications dated pervaded the
5 in the May 8, 2016 from the elections in the First
Manifestati Lope de Vega Municipal Legislative District of
on and Police Station, Philippine Northern Samar.
Verified National Police,
Answer
Memorandum dated
dated
November May 16, 2016 issued by
16, 2016) the Police Chief
Inspector of Lope de
Vega Municipal Police
Station and attached
Judicial Affidavit of
Alex Giray Mendez dated
May 17, 2016.

M Certification dated July - As proof that a

(attached 14, 2016. failure of elections
and was declared in Brgy.
marked as
Roxas, Lope de Vega,
Annex A-
6 in the Northern Samar
Manifestati during the May 9,
on and 2016 National and
Verified Local Elections owing
Answer to violent incidents
dated
and a Special
November
16, 2016) Elections was held
on May 14, 2016 at
Poblacion, Lope de
Vega, Northern
x---------------------------------------x
Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 15 of 26
 Samar.

N Revision Reports and - To prove the fact of

with sub- their pertinent Annexes the revision of the
markings to be prepared and ballots in the
submitted by the protested precincts.
Revision Committees in
the protested clustered - To establish ballot-
precincts. related fraud and/or
irregularities.

- To bring into the

records the ballots
objected to and/or
claimed by the
Protestant in the
protested precincts.

- To prove that
ballots were objected
to and claimed by
the Protestant as
identified and
enumerated in the
Revision Reports.

O Photocopies of the - To prove the

with sub- contested and revised rejection of ballots
markings ballots. which should be
considered as valid
votes for the
Protestant.

- To prove the
electoral fraud and
irregularities
committed by the
Protestee.

- To show the validity

of the objections and
claims of the
Protestant.

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 16 of 26
 - To establish that
the Protest is
meritorious.

- To confirm that the

Protestant obtained
the plurality of votes
for the contested
position and that he
should have
obtained more votes
than what is officially
recorded; and

- To prove the
objections of the
Protestant to ballots
for the Protestee and
claimed ballots
made by the
Protestant.

Protestant hereby manifests and moves that the

marking and/or authentication of some of the documentary
evidence mentioned above particularly, Exhibits N to
O be made upon termination of revision proceedings
before the Honorable Hearing Commissioner of this
Honorable Tribunal.

Protestant further reserves the right to present and

submit additional documentary exhibits as may be necessary
during the course of the proceedings.

VI.
NAMES OF WITNESSES AND THEIR
RESPECTIVE JUDICIAL AFFIDAVITS

6.1. Protestant most respectfully submits the hereunder

list of the names of his witnesses who will identify their
respective Judicial Affidavits and/or Sinumpaang Salaysay

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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 17 of 26
(attached and pre-marked in the Petition as Annexes H to
J-17) and affirm the contents thereof, namely

NAMES OF WITNESSES ADDRESSES

1. Raymundo Froilan Bandal Poblacion, Lope De Vega,
Northern Samar
2. Jaime C. Guanzon Brgy. Dalakit, Catarman,
Northern Samar
3. Serafin M. Chia Purok 5, Dalakit, Catarman,
Northern Samar
4. Alicia Doaz Bocboc Brgy. Roxas, Lope De Vega,
Northern Samar
5. Arnel Diaz Bocboc Brgy. Roxas, Lope De Vega,
Northern Samar
6. Vergilio Calindong De Brgy. Roxas, Lope De Vega,
Antonio Northern Samar
7. Cristina Tonog Marino Brgy. Roxas, Lope De Vega,
Northern Samar
8. Marife Axual Agte Brgy. Roxas, Lope De Vega,
Northern Samar
9. Elmer Angcos Libre Brgy. Roxas, Lope De Vega,
Northern Samar
10. Josephine Candelario Brgy. Roxas, Lope De Vega,
Teopinto Northern Samar
11. Jeson G. Boloseo Brgy. Salvacion, San Isidro,
Northern Samar
12. Jerrari M. Olitan Brgy. Salvacion, San Isidro,
Northern Samar
13. Gelyn B. Dalupan Brgy. Salvacion, San Isidro,
Northern Samar
14. Athens Faye S. Torres Brgy. Salvacion, San Isidro,
Northern Samar
15. Melchor Teopinto Brgy. San Miguel, Lope De Vega,
Northern Samar
16. Salvador Tonog Brgy. San Miguel, Lope De Vega,
Northern Samar
17. Renato Roxas Brgy. San Miguel, Lope De Vega,
Northern Samar
18. Noe L. Delfen Brgy. Palanit, San Isidro,
Northern Samar
19. Julian Fuentes Galecio Brgy. Palanit, San Isidro,
Northern Samar
20. Constancio E. Pajarito Brgy. Palanit, San Isidro,
Northern Samar
21. Rudito A. Tizon Brgy. Palanit, San Isidro,
Northern Samar
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Abayon v. Daza
HRET Case No. 16-013 (EP)
Pre Trial Brief for the Protestant
Page 18 of 26
22. Rodel P. Tizon Brgy. Palanit, San Isidro,
Northern Samar
23. Ricky Castillo Brgy. Cag-abaca, Catarman,
Northern Samar
24. William Garabel Brgy. Cag-abaca, Catarman,
Northern Samar
25. Oligario Porton Brgy. Cag-abaca, Catarman,
Northern Samar
26. Felix Brenzuela Brgy. Cag-abaca, Catarman,
Northern Samar
27. Josesita Tarraya Brgy. Imelda, Catarman,
Northern Samar
28. Antonio Modar Brgy. Imelda, Catarman,
Northern Samar
29. Nena Argenio Brgy. Hinatad, Catarman,
Northern Samar
30. Leah D. Agte Brgy. Hinatad, Catarman,
Northern Samar
31. Marvin Magdaraog Brgy. San Luis, Capul, Northern
Samar
32. Mary Joyce C. Gordo Brgy. San Luis, Capul, Northern
Samar
33. Rodger B. Romenis Brgy. Somoroy, Bobon, Northern
Samar
34. Joseph C. Cabales Brgy. Somoroy, Bobon, Northern
Samar
35. Iniego D. Malana Jr. Brgy. General Luna, Lope De
Vega, Northern Samar
36. Wilfredo A. Dagohoy Brgy. Veriato, San Isidro,
Northern Samar
37. Garin Lou Garalde Brgy. Sabang II, Allen, Northern
Samar
38. Marites Floralde Brgy. Jubasan, Allen, Northern
Samar
39. Meljon E. Genotiva Brgy. Libertad, Victoria, Northern
Samar
40. Tito Dela Cerna Brgy. Acedilla, Victoria, Northern
Samar
41. Illuminada Centino Brgy. Erenas, Victoria, Northern
Samar
42. Arlyn Eulin Barangay Colab-og, Victoria,
Northern Samar
43. Lorinda Del Rosario Brgy. Enriqueta, Lavezares,
Northern Samar
44. Regine Flores Brgy. Villa, Lavezares, Northern
Samar
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45. Amalia Moyar-Herreras
46. Roland Giray
47. Ermito Cardenas
48. Arnil I. Arnio
49. Roman De Leon
50. Abner Jumadiao
51. Jerome C. Ortego
52. Michael P. Montoya
53. Joy F. Pajardo
54. Gerald M. Longcayana
55. Demetrio J. Blanco
Brgy. Macagtas, Catarman,
Northern Samar
Brgy. Washington, Catarman,
Northern Samar
Brgy. Quezon, Catarman,
Northern Samar
Brgy. Polangi, Catarman,
Northern Samar
Brgy. Ipil-ipil, Catarman,
Northern Samar
Brgy. Ipil-ipil, Catarman,
Northern Samar
Brgy. Sawang, Capul, Northern
Samar
Brgy. Sawang, Capul, Northern
Samar
Brgy. Chitongco, Mondragon,
Northern Samar
Brgy. Rizal, San Antonio,
Northern Samar
Brgy. Manraya, San Antonio,
Northern Samar

6.2. In addition to those mentioned above, Protestant

reserves the right to present additional witnesses if
necessary and proper during the course of the trial.

6.3. Likewise, Protestant respectfully manifests that he

intends to present as witnesses the following government
officials with their respective designation and nature of
testimonies, thus:

NAME DESIGNATION NATURE OF

TESTIMONIES
1. Atty. Antonio G. Provincial Witness will identify
Gulay, Jr. Election the Post-Election
Supervisor II, Report which he
Commission on issued on August 1,
Elections, 2016 addressed to
Leyte Atty. Jose Nick A.
Mendros, Regional
Election Director,
Region VIII,
(attached in the
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HRET Case No. 16-013 (EP)
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 Manifestation and
Verified Answer as
Annex A) and
affirm the contents
thereof.

2. P/SSupt. Daniel C. Acting Witness will identify

Mayoni Provincial his Letter dated
Director, July 13, 2016
Northern addressed to the
Samar Police Protestant
Provincial (attached in the
Office Manifestation and
Verified Answer as
Annex A-1) and
affirm the contents
thereof.

3. P/CI Alex Giray Officer-in- Witness will identify

Mendez charge, Lope the Certification
de Vega which he issued on
Municipal May 8, 2016
Police Station (attached in the
Manifestation and
Verified Answer as
Annex A-2) and
affirm the contents
thereof.

Witness will identify

the Certification
which he issued on
May 8, 2016
(attached in the
Manifestation and
Verified Answer as
Annex A-3) and
affirm the contents
thereof.

Witness will identify

the Memorandum
which he issued on
May 16, 2016
(attached in the
Manifestation and

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 Verified Answer as
Annex A-4) and
affirm the contents
thereof.

Witness will identify

the Memorandum
which he issued on
May 16, 2016
(attached in the
Manifestation and
Verified Answer as
Annex A-5) and
affirm the contents
thereof.

Witness will identify

his Judicial
Affidavit which he
executed on May
17, 2016 (attached
in the Manifestation
and Verified Answer
as part of Annex
A-5) and affirm
the contents
thereof.

4. Capt. Siegfred T. Brigade Witness will identify

Encardano, PA Adjutant, 803 rd
the Certification
Infantry which he issued on
(Peacemaker) July 14, 2016
Brigade, 8th (attached in the
Infantry Manifestation and
(Stormtroopers Verified Answer as
) Division, Annex A-6) and
Philippine affirm the contents
Army, Camp thereof.
Sumoroy,
Catarman,
Northern
Samar

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 6.3. The Protestant respectfully manifests that the
testimonies and the presence of the above-mentioned
individuals shall be secured through the process of subpoena
ad testificandum and duces tecum.

VII.
SUBJECT INDEX with DIGEST OF ARGUMENTS

a. Annulment of Election Results:

Digest of Arguments

As a consequence of the violence, threats and

intimidation employed in the thirteen (13) contested
clustered precincts where Protestant seeks an
annulment of election results, it is as if no actual
elections took place thereat. Several voters were
unable to cast their votes out of fear for their lives
while others were compelled to vote for Protestee
Daza due to threats and intimidation of his
supporters.

The Honorable Tribunal has exclusive

jurisdiction to decide all election contests against
Members of the House of Representatives, and has
the prerogative to annul elections under its
constitutional fiat to decide election contests.

The Supreme Court has defined the phrase

election, returns and qualifications in its totality as
referring to all matters affecting the validity of the
contestees title. Thus, if in its determination, fraud,
terrorism or other election irregularities existed to
warrant the annulment of election results, it is very
well in its power to do so.
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b. Revision/Recount of Ballots:

Digest of Arguments

It is the ministerial duty of the Honorable

Tribunal to order the opening of the ballot boxes and
the examination and counting of ballots deposited
therein.

There is no need for the protestant to present

evidence and substantiate his claim of election fraud
before revision could take place. The purpose of
ordering the opening of the ballot boxes is to
ascertain, with the least amount of protracted delay,
the veracity of the allegations of fraud and anomalies
in the conduct of the electoral exercise.

VIII.
TABLE OF CASES

Cases/Textbooks/Statutes Page Cited

(Election Protest dated July
13, 2016)
Section 5 (1) Article VI of the
1987 Philippine Constitution Page 1
in relation to Rule 17 of the
2015 Revised Rules of the
House of Representatives
Electoral Tribunal.
Harlin C. Abayon vs. House
of Representatives Electoral Page 30
Tribunal (HRET) and Raul A.
Daza docketed as G.R. No.
222236, 3 May 2016.
Cagas vs. COMELEC Page 32
docketed as GR No. 194139,
24 January 2012.
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Meliton C. Geronimo vs.
Commission on Elections Page 35
docketed as G.R. No. L-
60591, 14 May 1985.

PRAYER

WHEREFORE, above premises considered, it is most

respectfully prayed of this Honorable Tribunal that the herein
Pre-Trial Brief for the Protestant be NOTED and ADMITTED
to form part of the records of this case.
OTHER RELIEFS, just and equitable under the premises
are likewise prayed.

Manila, for Quezon City, January 20, 2017.

GEORGE ERWIN M. GARCIA

Counsel for the Protestant
Roll of Attorneys No. 44950
IBP No. 02652 [Lifetime Member]; Cavite Chapter
PTR OR. No. 5989759; 01-04-2017 (Manila)
MCLE Compliance No. V-0011708; 11-09-15
Tax Identification Number 162454587000
G.E. Garcia Law Office
Ground Floor, LAIKO Building
Cabildo St., Intramuros, Manila 1002
Tele/Fax No. (02) 527-7261
Geglaw.office@gmail.com

Copy furnished through personal service:

ATTY. MARIA BERNADETTE V. SARDILLO

SARDILLO SARDILLO SALOM LAW OFFICE
Counsel for the Protestee
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Unit 802 Taipan Place F. Ortigas Avenue
Ortigas Center, Pasig City

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