1

Republic of the Philippines

REGIONAL TRIAL COURT
9th Judicial Region
Branch 24
Zamboanga City

FERDAUS W. RADJA, ELEC PROTEST CASE NO. I-125

Protestant,
-versus- -for-

CARLNAN A. CLIMACO JUDICIAL REVISION AND

Protestee. RECOUNTING OF BALLOTS

X----------------------------------------X

COMMENT/OPPOSITION TO THE PROTESTEE’S MOTION FOR

RECONSIDERATION
COMES NOW, Protestant through undersigned counsel and
unto this Honorable Court, most respectfully submits this
Comment/Opposition to the Protestee’s Motion for Reconsideration
and states that;

1. Last 23 December 2016, the Protestant received a copy of the

Motion for Reconsideration filed by herein Protestee seeking
to reconsider the Order of the Honorable Court dated 19
December 2016, which ordered the Revision of the Counter-
protested precincts;
2. The Protestant respectfully opposes the Protestee’s Motion for
Reconsideration which anchored on the premise that a post-
revision determination of the merit or legitimacy of the protest
prior to revision of the counter-protest must be done by the
Honorable Court under the rules provided under Section 10,
Rule 10 of A.M. No. 10-4-1-SC. It is submitted that the
Honorable Court correctly ordered the Revision of the
Counter-protested precincts as it was in accordance with the
exercise of its sound judicial discretion in order to attain
substantial justice on both parties;
3. Judicial discretion, by its very nature, involves the exercise of
the judge's individual opinion and the law has wisely provided
that its exercise be guided by well-known rules which, while
allowing the judge rational latitude for the operation of his own
individual views, prevent them from getting out of control.1

1
Paderenga v. Court of Appeals, G.R. No. 115407, August 28, 1995.
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Thus, it is submitted that the Honorable Court correctly

exercised its judicial discretion in ordering the Revision of the
Counter-protested precincts in order to speed up the
disposition of the above-captioned case;
4. Moreover, in not a few instances, the Court relaxed the rigid
application of the rules of procedure to afford the parties the
opportunity to fully ventilate their cases on the merits. This is
in line with the time-honored principle that cases should be
decided only after giving all parties the chance to argue their
causes and defenses. Technicality and procedural
imperfection should, thus, not serve as basis of decisions. In
that way, the ends of justice would be better served. For,
indeed, the general objective of procedure is to facilitate the
application of justice to the rival claims of contending parties,
bearing always in mind that procedure is not to hinder but to
promote the administration of justice. In this case, however,
such liberality in the application of rules of procedure may not
be invoked if it will result in the wanton disregard of the rules
or cause needless delay in the administration of justice. It is
equally settled that, save for the most persuasive of reasons,
strict compliance is enjoined to facilitate the orderly
administration of justice.2;
5. Hence, in view of the foregoing, the Protestant most
respectfully prays of this Honorable Court to deny the
Protestee’s Motion for Reconsideration;
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable
Court to deny Protestee’s Motion for Reconsideration.
Protestant prays for such other reliefs as may be just and
equitable in the premises.
Zamboanga City, Philippines, 27 December 2016.

GIAN PAOLO U. ENRIQUEZ

Counsel for Protestant
ENRIQUEZ CAPIN and GAUGANO LAW OFFICES
2nd Floor, LDM Bldg., Pilar St., Zamboanga City
PTR No. 1168594-01/04/2016
IBP No. 897135-01/04/2016
at Zamboanga City
Roll No. 49871-05/02/05
MCLE Compliance No. III- 0012187-04/13/10
MCLE Compliance No. IV- 0000617-05/11/10
MCLE Compliance No. V- 0002658- 06/19/14
Emailaddress:enriquez.capin.gaugano.law@gmail.com
Telephone Number: (062) 990-1412
2
Asian Spirit Airlines v. Spouses Bautista, G.R. No. 164668. February 14, 2005.
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Copy furnished:

ATTY. QUIRINO G. ESGUERRA, JR.

Counsel for Protestee
Esquire Center Building, Tomas Claudio Extension
Zamboanga City

NOTICE OF HEARING

The Clerk of Court

RTC, Branch 24
Ipil, Zamboanga Sibugay

ATTY. QUIRINO G. ESGUERRA, JR.

Counsel for Protestee
Esquire Center Building, Tomas Claudio Extension
Zamboanga City

G R E E T I N G S:

Please be informed that the undersigned shall submit the

foregoing Comment to the Honorable Court for its consideration and
approval without need of oral argument.

GIAN PAOLO U. ENRIQUEZ

EXPLANATION

It is respectfully manifested that the foregoing

Comment/Opposition is being filed via registered mail with return card
due to distance.
GIAN PAOLO U. ENRIQUEZ