(May 7, 2021) – The House of Representatives Electoral Tribunal (HRET) has thrown out the election protest lodged against Kabataan Partylist in the recent elections over the complainant’s lack of legal standing to initiate the challenge.
In a resolution dated March 18 but was only released on Thursday, the HRET said the You Against Corruption and Poverty (YACAP) Partylist had no legal right to “claim to be entitled to any of the reliefs sought in the protest” after it did not rank immediately after Kabataan Partylist in the 2019 elections.
Only the next two groups who came after Kabataan Partylist can file an electoral protest, according to Rule 17 of the HRET in 2015. Kabataan Partylist landed on the 51st spot while YACAP Partylist ended up at the 58th spot.
“(The rule) is meant to prevent the filing of unnecessary and frivolous actions before the Tribunal,” read the HRET decision. “Considering that protestant YACAP Partylist has no legal standing to file this election protest, this instant election protest is dismissed without further proceedings.”
YACAP Partylist alleged massive electoral fraud in General Santos City, South Cotabato, challenging the results reflected in 341 clustered precincts or 1,857 individual precincts. Some of the anomalies they cited include vote miscount, misreading of ballots, and improper ballot rejection.
In the complaint, filed by first nominee Carol Jayne Lopez, YACAP Parylist claimed it would have gained far higher votes without the alleged anomalies.
But the HRET said only Aksyon Magsasaka Partido-Tinig ng Masa (AKMA-PTM) and Serbisyo sa Bayan Partylist (SBP) can file an electoral protest against Kabataan Partylist for the complaint to prosper.
Kabataan Partylist Rep. Sarah Elago welcomed the decision of the HRET, expressing her gratitude to the group’s supporters throughout the electoral protest.
“Sa kabila ng tumitinding panggigipit at panunupil sa boses ng Kabataan, tangan natin ang lakas ng ating pagkakaisa sa paggampan ng makasaysayang papel bilang pag-asa ng bayan, at ng mandatong maglingkod para sa interes ng kabataan at sambayanan,” said Elago in a statement.
Last March, Kabataan Partylist filed a manifestation of intent to join the 2022 elections in an attempt to defy disqualification threats hurled by security forces.
Elago has faced multiple accusations baselessly linking her to communist groups, as specifically alleged by the controversial National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).
Last December, Elago challenged the dangerous accusations by filing charges before the Office of the Ombudsman against NTF-ELCAC spokespersons Lt. Gen. Antonio Parlade Jr. and Lorraine Badoy, national security adviser Hermogenes Esperon Jr. and Department of the Interior and Local Government secretary Eduardo Año.
(Beatrice Puente/PM)
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