Due to “lack of merit,” the Supreme Court (SC) junked Mayor Lucilo Bayron’s petition with Commission on Elections (Comelec) to halt the recount of votes gathered during the May 2015 recall poll.
The SC dismissed Bayron’s petition for certiorari after his camp failed to present the verified declaration under the court’s efficient use of paper rule.
In Bayron’s petition, he claimed that the Comelec committed grave abuse of discretion in issuing two orders to jumpstart the recount and revision of ballots.
The said Comelec orders were the 1st Division’s August 12 resolution and August 26 en banc ruling directing to conduct a recount.
Bayron also asked the SC to issue a temporary restraining order to Comelec and further drop the election protest filed by his stiff rival, former Mayor Edward Hagedorn because of its insufficiency in form, but to no avail.
It can be noted that in compliance with Comelec 1st Division’s Preliminary Conference orders issued on September 4 and 10, the 69 ballot boxes from contested precincts or 20% of the total 380 clustered precincts were already shipped to Comelec office in Manila.
The start of recount is scheduled on October 20 and is expected to conclude by the end of the month.
Meanwhile, Atty. Winston Gonzales, Bayron’s lead counsel, believes the SC resolution is “moot and academic” since the recount of votes from the pilot protested precincts is set to kick off next week.
The City Board of Canvassers proclaimed Bayron as frontrunner after bagging 44,299 votes — a winning margin of 5,297 — against Hagedorn’s 39,002.