REPUBLIC OF THE PHILIPPINES

7th JUDICIAL REGION

10TH MUNICIPAL CIRCUIT TRIAL OF
Samboan-Santander-Oslob
Samboan, Cebu

LUCY D. ABINES ELECTION CASE NO. 134

Protestant,
FOR: ELECTION PROTEST
-versus-
RODRIGO SABANDAL
Protestee
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MOTION TO REQUIRE THE PROTESTANT TO PINPOINT

A NUMBER OF BALLOT BOXES THAT WILL BEST
EXEMPLIFY THE IRREGUALRITIES PLEADED IN THE
CONTEST

COMES now undersigned counsel, to this Honorable Court, most

respectfully states:

1. That the Board of Revisors has finished revising all the protested
ballot boxes last January 24, 2008;

2. the That Section 9, of Rule 10, of the “RULE OF PROCEDURE IN

ELECTION CONSTESTS INVOLVING ELECTIVE MUNICIPAL AND BARANGAY
OFFICIALS” provides as follows:

“SEC. 9. Post-revision determination of the merit or legitimacy of

protest prior to revision of counter-protest. – Immediately after the revision
of ballots or the examination, verification or re-tabulation of election
returns in all protested precincts, the protestant shall be required to
pinpoint a number of precincts, corresponding to twenty percent of the
total revised protested precincts, that will best attest to the votes recovered
or will best exemplify the frauds or irregularities pleaded in the protest. In
the meanwhile, the revision of ballots or examination, verification or re-
tabulation of election returns in the counter-protested precincts shall be
suspended for a period not exceeding fifteen days, during which the court
shall determine through appreciation of ballots or election documents the
merit or legitimacy of the protest relative to the twenty percent pinpointed
precincts.”

“Based on the results of such post-revision determination, the court

may dismiss the protest without further proceedings, if and when no
reasonable recovery was established from the twenty percent pinpointed
precincts, or proceed with revision of re-tabulation of election returns in the
counter-protested precincts. In the latter case, the protestee shall be
required to pay the cash deposit within a non-extendible period of three
days from notice.”

3. That in accordance with the foregoing, there is a need for the

protestant to be required to pinpoint a number of precincts, corresponding to
twenty percent of the total revised protested precincts, that will best attest to
the votes recovered or will best exemplify the frauds or irregularities pleaded
in the protest.

4. That after the same, there is also the need for court to determine
through appreciation of ballots or election documents the merit or legitimacy
of the protest relative to the twenty percent pinpointed precincts.

WHEREFORE, in view of the foregoing, it is most respectfully prayed

unto this Honorable Court to issue an Order directing the protestant to
pinpoint a number of precincts, corresponding to twenty percent of the total
revised protested precincts, that will best attest to the votes recovered or will
best exemplify the frauds or irregularities pleaded in the protest.

Most Respectfully Submitted.

Cebu City, January 25, 2008.

ATTY. FRANCIS GEORGE F. DINOPOL

Counsel for the Protestee
Room 305 G.K. Chua Building
Sancianco Street, Cebu City
Roll of Attorneys Number 50084
PTR No. 3613378, 01-10-2008 Cebu Capitol
IBP No. 732319, 01-08-2008, Cebu Chapter

NOTICE OF HEARING

The Clerk of Court

MCTC Samboan, Cebu

Atty. Nathaniel Clarus

Please take notice that the undersigned counsel shall be submitting the
foregoing for the consideration of the Honorable Court immediately upon
receipt hereof.

FRANCIS GEORGE F. DINOPOL

Copy furnished:

Atty. Nathaniel Clarus

3rd Floor Estrella Building
478 M.J. Cuenco Avenue

(N.B.: For lack of available messenger, a copy of this pleading is served

to the Atty. Clarus at his given address via registered mail as personal service
as required under the rules is impracticable)

Francis George F. Dinopol

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