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Republic of the Philippines REGIONAL TRIAL COURT
9th Judicial Region Branch 24 Zamboanga City FERDAUS W. RADJA,
ELEC PROTEST CASE
NO.
I-125
Protestant, -for-
-ersusCARLNAN A. CLIMACO
Protestee!
JUDICIAL REVISION AND RECOUNTING OF BALLOTS
"----------------------------------------" COMMENT/OPPOSITION COMMENT/OPPOSI TION TO THE PROTESTEE’S MOTION FOR RECONSIDERATION
C#$%& C#$%& '#(, '#(, Protes Protestan tantt through through undersi undersigned gned counse counsell and unto nto this )onora orable Court, most ost respe espec ctfully ully submi bmits this Comment*#pposition to the Protestee+s $otion for Reconsideration and states that !
.ast 2/ 0e 0ecember 21 21, th the Pro Protestant rec receied a copy copy of the $otion for Reconsideration filed by herein Protestee see3ing see3ing to reconsider reconsider the #rder of the )onorable )onorable Court dated 9 0ecem ecembe berr 21, 1, hich hich ord ordered ered the Reis eisio ion n of the the Counter-protested precincts
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5he Protestant respectfully opposes the Protestee+s $otion for Reconsideration hich anchored on the premise that a post-reisio post-reision n determinatio determination n of the merit or legitimacy legitimacy of the protest prior to reision of the counter-protest must be done by the )onorable Court under the rules proided under &ection 1, Rule 1 of 6!$! 'o! 1-4--&C! 7t is submitted that the )onorable Court correctly ordered the Reision of the Counter-protested precincts as it as in accordance ith the e8er e8erci cise se of its its sound sound udi udici cial al disc discret retio ion n in order order to atta attain in substantial ustice on both parties
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Judicial discretion, by its ery nature, inoles the e8ercise of the udge:s indiidual opinion and the la has isely isely proide proided d that that its e8erci e8ercise se be guided guided by ell-3 ell-3no non n rules hich, hile alloing the udge rational latitude for the opera operati tion on of his his on on indi indiid idual ual ie ies, s, pre preent ent them them from from getting out of control! 5hus, it is submitted that the )onorable
1 Paderenga v. Court of Appeals ;!R! 'o! <41=, 6ugust 2>, 99
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Court correctly e8ercised its udicial discretion in ordering the Reision of the Counter-protested precincts in order to speed up the disposition of the aboe-captioned case 4!
$oreoer, in not a fe instances, the Court rela8ed the rigid application of the rules of procedure to afford the parties the opportunity to fully entilate their cases on the merits! 5his is in line ith the time-honored principle that cases should be decided only after giing all parties the chance to argue their causes and defenses! 5echnicality and procedural imperfection should, thus, not sere as basis of decisions! 7n that ay, the ends of ustice ould be better sered! ?or, indeed, the general obectie of procedure is to facilitate the application of ustice to the rial claims of contending parties, bearing alays in mind that procedure is not to hinder but to promote the administration of ustice! 7n this case, hoeer, such liberality in the application of rules of procedure may not be ino3ed if it ill result in the anton disregard of the rules or cause needless delay in the administration of ustice! 7t is e@ually settled that, sae for the most persuasie of reasons, strict compliance is enoined to facilitate the orderly administration of ustice! 2
)ence, in ie of the foregoing, the Protestant most respectfully prays of this )onorable Court to deny the Protestee+s $otion for Reconsideration PRAYER
()%R%?#R%, it is most respectfully prayed of this )onorable Court to deny Protestee+s $otion for Reconsideration! Protestant prays for such other reliefs as may be ust and e@uitable in the premises! Zamboanga City, Philippines, 2= 0ecember 21! GIAN PAOLO U. ENRIQUE
Counsel for Protestant %'R7A%Z C6P7' and ;6;6'# .6( #??7C%& 2nd ?loor, .0$ Bldg!, Pilar &t!, Zamboanga City P5R 'o! ><94-1*14*21 7BP 'o! >9=/<-1*14*21 at Zamboanga City Roll 'o! 49>=-1<*12*1< $C.% Compliance 'o! 777- 112>=-14*/*1 $C.% Compliance 'o! 7- 1111=-1<**1 $C.% Compliance 'o! - 1112<>- 1*9*4 Emailaddress:
[email protected] 5elephone 'umberD E12F 991-42 2 Asian Spirit Airlines v. Spouses Bautista, ;!R! 'o! 4>! ?ebruary 4, 211
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Copy furnishedD 655G! A7R7'# ;! %&;%RR6, JR! Counsel for Protestee %s@uire Center Building, 5omas Claudio %8tension Zamboanga City NOTICE OF HEARING
5he Cler3 of Court R5C, Branch 24 7pil, Zamboanga &ibugay 655G! A7R7'# ;! %&;%RR6, JR! Counsel for Protestee %s@uire Center Building, 5omas Claudio %8tension Zamboanga City ; R % % 5 7 ' ; &D Please be informed that the undersigned shall submit the foregoing Comment to the )onorable Court for its consideration and approal ithout need of oral argument!
GIAN PAOLO U. ENRIQUE E!PLANATION
7t is respectfully manifested that the foregoing Comment*#pposition is being filed ia registered mail ith return card due to distance! GIAN PAOLO U. ENRIQUE
