00:00The senatorial candidate, Nuel Edelica Rochal, has obtained the highest number of votes.
00:09It is for this reason that we would like to manifest and enter into the records of this proceeding
00:18that the senatorial candidate, Ronsen Maviria Clemente Sanceda,
00:23manifest and formally move before this provincial board of canvassers a motion to suspend the proclamation of the veneratorial candidate, Nuel Edelica Rochal.
00:37On the primary ground, we see one to take notice of the import of a court of appeals decision which I cite in the records of this proceeding
00:52in the case of Nuel Rosal and Carmen de Rosal versus Adrienne Luterte.
01:05For the records of this proceeding, we see one to take notice.
01:10In said decision, it has upheld its earlier decision to deny the motion for reconsideration filed by the Rosales,
01:19who sought overturn a ruling that rejected their application for a temporary restraining order against the office of the Ombudsman.
01:29As we all know, Your Honours, this case involved a decision which dismissed the gubernatorial candidate from his position
01:40with the penalty, as we all know, that the penalty of dismissal from service is immediately executory.
01:48Relying on this pronouncement in this particular court decision correlating now with Cumulat Resolution 11102,
01:59promulgated January 22, 2025, specifically citing Section 34, Paragraph 1, Derog,
02:09which insistence provides that a disqualified candidate who obtained the highest number of votes shall not be proclaimed.
02:19Instead, the candidate who obtained the second highest number of votes shall be proclaimed.
02:26It is the Paragraph 1 of Section 34 that applies. What applies is the proviso under Paragraph 7.
02:36And for accuracy, I quote Your Honour, provided that in all instances where a decision or resolution of the position,
02:47either sitting in division or embarked, disqualifying a candidate or counselling or denying due force a certificate of candidacy,
02:56is presented before the Board of Congress, a certificate of finality issued by the Clerk of the Commission must be attached to said decision plus resolution.
03:10End of quote, Your Honour. That is only one of the requirements. There is another requirement, Your Honour.
03:17In the succeeding paragraphs, and I quote again, Your Honour,
03:23where a petition to deny due force or counsellor a certificate of candidacy, declare any reasons candidate or for disqualification,
03:33remains pending with the Commission on the day of converse,
03:38and no order of suspension or proclamation is issued by the Covenant and Bank or Division, where said petition is pending.
03:46The VOC shall proceed to proclaim the winner not mixed pending if there is slash are pending cases filed against him or her.
03:59Your Honour, I am not surprised that none of these two requirements were presented by the move-on.
04:08That is because it is not existing. The facts are, there is no certificate of finality and there is no order coming from the Committee.
04:20And lastly, Your Honour, this same resolution under Section 34, Your Honour, it also says,
04:29Three days before the convening of the VOC, the Clerk of the Commission shall furnish the VOC concern a list of final and executory cases with restraining order.
04:41We do not see any list, Your Honour, and the movement has not presented any list.
04:48I therefore respectfully pray that the motion to suspend proclamation be denied outright for utter lack of merit and to proceed with the proclamation of the winning candidate.
05:02Thank you, Your Honour.
05:34You
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