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Republic of the Philippines
Municipal Trial Court of Kapatagan, Lanao del Norte
12th Judicial Region
Kapatagan, Lanao del Norte

JUAN DELA CRUZ,
Protestant, ELECTION CASE NO. 31-2018

versus FOR

PEDRO DAMULAG & THE BOARD ELECTION ELECTORAL PROTEST
TELLERS OF PRECINCTS NOS, 21, 22 & 23 OF
BRGY. POBLACION, KAPATAGAN, LANAO
DEL NORTE.
Protestee.
X-------------------------------X

PROTEST
PROTESTANT, by the undersigned counsel, unto this Honorable Court,
most respectfully avers, THAT:

1. Protestant is of legal age, married, resident of Brgy. Poblacion,
Kapatagan, Lanao del Norte, a registered voter of Precinct No. 21 of the same
place and a candidate for Punong Barangay of Brgy. Poblacion, Kapatagan, Lanao
del Norte as shown by his Certificate of Candidacy hereto integrally attached as
ANNEX “A”, and had been voted upon as such during the May 14, 2018 Barangay
and SK elections; while protestee is likewise of legal age, married, also a resident
and incumbent Punong Barangay of Brgy. Poblacion, Kapatagan, Lanao del Norte,
and also a re-electionist candidate for the same position of the same place and had
been voted upon as such during the recently concluded May 14, 2018 Barangay
and SK elections; The parties hereof may be served with summons and other court
processes in their respective addresses aforementioned;

2. During the counting of votes, which started at around 5:00 o’clock in the
afternoon of same date, the Board of Election Tellers of Precinct Nos. 21, 22, &
23, did not count ten (10) ballots in favor of herein protestant because what was
written therein is “MR. CROSS, instead of DELA CRUZ”. The Board of Election
Tellers ratiocinated that there is no candidate for Punong Baangay by the first
name or family name of “MR. CROSS”. They even argued that the prefix “MR”
was deliberately written in the ballots to allegedly identify the voter, thus the same
were considered as marked ballots;

3. The argument of the Board of Election Tellers to the effect that there no
candidate for Punong Baangay by the first name or family name of “MR. CROSS”
obviously contradicts Section 211, paragraph 7 of the Omnibus election Code
which provides:

when read. which provides: 12. it is most respectfully prayed of the Honorable Court that: a) An order issue directing the Municipal Treasurer of Kapatagan. also contradicts the explicit provision of Section 211. 4. hence. the Board of Election Tellers proclaimed protestee as the winner of the contested position of Punong Barangay on the same date at around 10:00 o’clock in the evening. Rules for the appreciation of ballots.".". Consequently. "Hon. "Ginoo". After the counting of votes and canvass of the election returns. while herein protestant garnered 351 votes or a difference of only three (3) votes. . thus making them marked ballots." or suffixes like "Hijo". the word “Cross”. "Gob. "Jr. Lanao del Norte. 6. Lanao del Norte to forthwith deposit to the Honorable Court the ballot boxes of Precinct Nos. 22. "Segundo". 2 “Sec. it appeared that protestee obtained 354 votes. 211. The argument of the Board of Election Tellers that the prefix “MR” was deliberately written on the ten (10) rejected official ballots to identify the voters who cast them. d) An order issue declaring the herein protestant as the true winner of the elections. "Mr. 21.". the ten (10) rejected ballots should have been counted in favor of herein protestant.In the reading and appreciation of ballots. "Don". every ballot shall be presumed to be valid unless there is clear and good reason to justify its rejection. this protest is timely filed within the reglementary period of ten (10) days from proclamation of the winning candidates.” Undoubtedly. has a sound similar to that of “Cruz”. Kapatagan. A name or surname incorrectly written which. Ballots which contain prefixes such as "Sr. The board of election inspectors shall observe the following rules. paragraph 7 of the Omnibus Election Code. the latter would have a total votes of 361 and would appear to have won the elections by seven (7) votes over the 354 votes of the protestee. Poblacion. has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor. when read. Hence. WHEREFORE.". The certificate of canvass and proclamation of the winning candidates is hereto integrally attached as ANNEX “B”. bearing in mind that the object of the election is to obtain the expression of the voter's will: 7. . b) An order issue directing the opening of the aforesaid ballot boxes retrieving therefrom the official ballots and recount the same. Had the aforesaid ten (10) rejected official ballots been counted in favor of herein protestant. c) An order issue counting in favour of herein protestant the aforementioned ten (10) rejected official ballots. "Datu". are valid. & 23 of Brgy. 5.

May 20. 3 e) An order issue directing protestee to vacate the position of Punong Barangay of Brgy. Kapatagan. (SGD) JUAN DELA CRUZ Affiant SUBSCRIBED AND SWORN to before me on the same date and place above-written. That I hereby undertake to notify the Honorable Court of any similar action filed before any other court or tribunal within five (5) days from notice thereof. Poblacion. That I hereby certify that I have not heretofore filed any case of the same nature and cause of action involving the same issues against the same parties before the Supreme Court or Court of Appeals or any of their Divisions. nor before any other court. AMER HASSAN B.USOP Notary Public . Kapatagan. Lanao del Norte and install herein protestant to the said position. 2018. ATTY.USOP Counsel for Protestant VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING I. That I caused the preparation of the foregoing Protest. IN WITNESS WHEREOF. JUAN DELA CRUZ. tribunal or administrative body. That the allegations therein are true and correct of my own personal knowledge and based on authentic documents. Lanao del Norte. Other relief(s) and remedies just and equitable under the foregoing premises are likewise prayed for. ATTY. I have hereunto set my hand this 20th day of May 2018 at Kapatagan. Lanao del Norte. AMER HASSAN B. depose and state: That I am the protestant in the above-entitled case. on oath.