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Republic of the Philippines

6th Judicial Region
REGIONAL TRIAL COURT
San Carlos City, Negros Occidental
BRANCH 59
---o0o--MA. LUISA B. DE LA CRUZ
Protestant,

EC No. EP-041-2013

-versusRICHARD M. JAOJOCO
Protestee.
x--------------------------------x

For: Election Protest

PRELIMINARY CONFERENCE BRIEF

(FOR THE PROTESTANT)
PROTESTANT, by counsel, unto this Honorable Court most respectfully
submits her preliminary conference brief, to wit:
A. ADMITTED FACTS AND PROPOSALS FOR STIPULATION
1. Legal capacities of the protestant and the protestee;
2. Both the protestant and the protestee were candidates to the
position of Municipal Mayor for the Municipality of Toboso,
Negros Occidental, Philippines. Both have duly filed their
respective Certificate of Candidacy, and both have casted their
votes for the same office during the May 13, 2013 local elections;
3. In May 14, 2013, the protestee was proclaimed as the winning
candidate for such position. The protestee garnered a total of
9,671 votes while the protestant got 7,813 votes;
4. There were Thirty One (31) clustered precincts in the Municipality
of Toboso during the May 13, 2013 elections;
5. During the casting of votes, the PCOS machines in various
precincts including but not limited to Clustered Precincts 1, 5, 6,
15, 22, 29 and 31 did not display the phrase Congratulations.
Your vote has been registered;

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6. In many precincts, including but not limited to Clustered Precincts
No. 1, 2, 4, 15, 24, 25, 29, 30 and 31, the PCOS machines have
malfunctioned, either they have jammed with the ballot box having
to be opened and the PCOS restarted, have repeatedly shut down,
or have altogether stopped functioning;
7. In Clustered Precincts No. 24, the Election Returns indicated that
the voting thereon closed at 11:15:55;
8. Voting was recorded to have lasted until May 14, 2013 in Clustered
Precincts 01, 10, 25, 26 and 29 when in truth and in fact, the voting
was already terminated in the evening of May 13, 2013;
9. There was an unusual high number of stray, uncounted or nullified
votes including but not limited to Clustered Precincts No. 5, 6, 9,
18, 19, 20, 21, 23, 25, and 31;
10. That the ballot boxes for Clustered Precincts 37A-38B and 33A36A all for Brgy. Bug-ang had one broken seal hole each.
B. PRINCIPAL ISSUES
1. WHETHER OR NOT THE ANOMALOUS INCIDENTS
DURING THE HOLDING OF THE LOCAL ELECTIONS AND
THE TECHNICAL AND MECHANICAL ERRORS ON THE
PCOS MACHINES DEPLOYED IN THE MUNICIPALITY OF
TOBOSO SUBTANTIALLY AFFECTED THE RESULTS OF
THE MAY 13, 2013 ELECTIONS IN THE SAID
MUNICIPALITY TO THE PREJUDICE OF THE PROTESTANT.
2. WHETHER OR NOT THE PROTESTANT, AFTER MANUAL
REVISION OF BALLOTS, INDEED GARNERED A
PLURALITY OF VOTES OVER THE PROTESTEE FOR THE
POSITION OF THE MUNICIPAL MAYOR OF TOBOSO IN
MAY 13, 2013 ELECTIONS. 507 DAYEN
C. EXHIBITS
Exhibit A The protestants Certificate of Candidacy for Municipal
Mayor.
Exhibit B Certificate of Canvass of Votes and Proclamation
Exhibit C Municipal Certificates of Canvass
Exhibit D Statement of Votes Per Precinct
Exhibit E- E-30 Photocopy of the Election Returns of Clustered
Precincts 1 to 31

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Exhibit F in series Photos of ballot boxes for Clustered Precincts
37A-38B and 33A-36A all for Brgy. Bug-ang with serial numbers
0171856 and 0171851 respectively with broken seal hole.
Exhibit G Judicial Affidavit of Protestant Ma. Luisa De La Cruz
Exhibit H Judicial Affidavit of Albert Patigayon
Exhibit I- Judicial Affidavit of Daniel Sabillo
Exhibit J Judicial Affidavit of Jelly Villarosa
Exhibit K Judicial Affidavit of Jovelyn De La Torre
Exhibit L Judicial Affidavit of Ludy Jarabes
Exhibit M Judicial Affidavit of Maribeth Gonzaga
Exhibit N Judicial Affidavit of Sigmund Garcia
Exhibit O Judicial Affidavit of Zenith Abong
D. DISCOVERY
PROCEDURES
COMMISSIONERS

OR

REFERRAL

TO

The protestant finds it necessary to resort to any discovery procedure

or to refer any matter to a commissioner.
E. WITNESSES
1.
2.
3.
4.
5.

Protestant Ma. Luisa De La Cruz

Albert Patigayon, Brgy. Poblacion, Toboso, Negros Occidental
Daniel Sabillo, Brgy. Poblacion, Toboso, Negros Occidental
Jelly Villarosa, Barangay San Isidro, Toboso, Negros Occidental
Jovelyn De La Torre, Barangay Poblacion, Toboso, Negros
Occidental
6. Ludy Jarabes, Barangay Poblacion, Toboso, Negros Occidental
7. Maribeth Gonzaga, Barangay Salamanga, Toboso, Negros
Occidental,
8. Sigmund Garcia, Barangay Bonifacio, Sagay City, Negros
Occidental
9. Zenith Abong Brgy. Poblacion, Toboso, Negros Occidental
10.With reservation
F. WITHDRAWAL OF PROTESTED PRECINCTS
The protestant is not withdrawing any protested precinct.

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G. PROPOSED NUMBER OF REVISION COMMITTEES AND THE
NAMES OF THE PROPOSED REVISORS AND ALTERNATE
REVISORS
The protestant proposes to have one revision committee. The names of
the revisors and alternate revisors shall be provided during the
preliminary conference.
H. PROCEDURE
The protestant is open to any discussion on how the revision if ballot
would be conducted.
RESPECTFULLY SUBMITTED.
San Carlos City, Negros Occidental, March 12, 2015

MALUNES, MAMPANG & MONTORO

LAW OFFICE
Counsel for the Protestants
Room 202, 2ND Flr. Park Lane Bldg.
Hilado-Tindalo St., Shopping,
Bacolod City, Philippines
By:

ARIEL I. MALUNES
IBP Roll No. 51729
IBP No. 0984004 - 01/08/15, Bacolod City
PTR No. 7451101, 1/09/15- E.B. Magalona, Neg. Occ.
MCLE Compliance No. IV- 0022885
Copy furnished:
ATTY. JOSE MA. V. VALENCIA &
ATTY. JOSE O. LONGNO, JR.
Valencia, Ciocon, Dabao, Valencia
Pandan, De La Paz, Dionela and Rubica
Counsel for the Protestees
3rd Floor, PNB Bldg., Lacson St., Bacolod City