BACOLOD CITY – The Commission on Elections (Comelec) Second Division has dismissed the election protest filed by former Mayor Evelio Leonardia against Mayor Alfredo Abelardo “Albee” Benitez in relation to the May 9 local elections here.
The Comelec, in a resolution dated Sept. 7, stated that it “resolves to dismiss the instant election protest for being improperly filed and for being insufficient in form and substance.”
The resolution was penned by presiding Commissioner Marlon Casquejo and Commissioner Rey Bulay.
Leonardia, through his legal counsel, filed the protest on May 20, praying for the nullification and the setting aside of the proclamation of Benitez as the duly elected mayor of Bacolod in the elections.
According to the Comelec, Leonardia’s protest was anchored on the following grounds: Alleged rampant vote-buying, fake voters, shading of unused ballots in favor of Benitez and deliberate tampering of the ballots casted in favor of Leonardia, illegal campaigning, police presence in polling precincts, falsified election returns, and recommendation of experts for a manual recount and forensic examination or audit due to numerous technical red flags.
The resolution said that “a thorough review of the records of the case leaves this Commission (Second Division) with no other recourse but to dismiss the instant petition for election protest.”
Leonardia, who is considered the longest-serving mayor here, lost to Benitez, 64,446 to 171,893 votes.
In reaction to the Comelec decision, Benitez, in a media interview on Monday, Sept. 12, said that the election here was clean and there were no reported irregularities.
Majority of the votes have already spoken, so let’s get to work because the election is over, he added.
Benitez said that the 2025 mid-term elections is just around the corner, so it is right to focus on important matters in getting the services and commitments done for this city.
Atty. Lyzander Dilag, spokesperson of Benitez, said they were elated and very happy with the decision of the Comelec.
“Once and for all, the issue on the legitimacy that has been questioned by the losing candidate is finally settled,” Dilag said.
Dilag said that it was a vindication on the part of Benitez and the majesty of law. A triumph of democracy, he added.
He said it gave substance and meaning to the more than 171,000 people who voted for Benitez.
Meanwhile, Dr. Chris Sorongon, spokesperson of Leonardia’s camp, declined to issue a statement for now in reaction to the decision.
Sorongon said their lawyers have yet to receive a copy of the decision “As such, we cannot comment yet on the reported decision being unaware of the reasons allegedly made by the Second Division. Rest assured that our protest complied with all requirements of the Comelec and the law,” he said in a statement.
Sorongon said their camp will exhaust all available legal remedies to ensure justice will be done to the voters of Bacolod.
"We are wondering who or where the sources of these alleged documents are coming from. We are the real party in interest but our counsel has not been furnished one even if these said documents are already swirling in media outlets," he added.
Sorongon, however, gave the assurance that Leonardia's counsel will face the issues squarely at the proper time.