The Supreme Court (SC) on Tuesday, Feb. 14, finally resolved the controversy involving the gubernatorial post in Negros Oriental as it affirmed the Commission on Elections (Comelec) ruling that Roel R. Degamo is the duly-elected governor.
During its full court session, the SC decided to dismiss the petitions filed by Pryde Henry A. Teves and Grego “Ruel” G. Degamo against the Comelec’s resolution that declared the latter as a nuisance candidate in Negros Oriental in the last May 9, 2022 election.
The SC’s resolution or decision is not immediately available. Its public information office (PIO) issued a press briefer.
The PIO said the SC “found that the Comelec en banc (full commission) did not commit grave abuse of discretion in issuing its Resolution in SPA No. 21-085 (DC) dated Sept. 1, 2022.”
It said the Comelec enbanc “affirmed the Resolution of the Comele’s Second Division, which declared “Ruel” Degamo as a nuisance candidate.”
“Subsequently, the proclamation of Pryde Henry Teves as the Provincial Governor of Negros Oriental was annulled and the votes obtained by Grego Degamo was credited in favor of Roel Ragay Degamo,” it also said.
After the credit of the Grego Degamo votes in favor of Roel G. Degamo, published reports stated that the latter obtained 331,726 votes as against Teves’ 301,319 votes.
The PIO said that “the SC ruled that a close examination of the documents detailing the list of candidates for governor in the province of Negros Oriental would show the similarity between Roel Degamo and Ruel Degamo. From the Certified List of Voters and the Official Ballot, it can be observed that there is a noticeable likeness to the name of candidates ‘Roel Degamo’ and ‘Ruel Degamo.’”
Apparently quoting from the SC ruling, the PIO said:
“First, their names are only distinguishable by one vowel as the incumbent uses the letter ‘o’ while the independent candidate uses the letter “u.” Second, the name ‘Roe’” and the nickname ‘Ruel’ have similar pronunciation.
“Likewise, the two candidates used Degamo as their surnames. Citing the similarity in the circumstance in the case of Zapanta v. Comelec, the Court held that the only way to distinguish ‘Roel’ and ‘Ruel’ is their number on the ballot and their political affiliations.
“Further, as observed by the Commission on Elections Second Division, it was only for the 2022 Elections that Grego Gaudia Degamo used ‘Ruel Degamo.’ He was known as Grego and merely used the nickname ‘Ruel’ recently. He also used the surname of those who has taken custody of him even though he was not legally adopted by them.
“The Court further held that while Teves was the winning candidate for the gubernatorial position in Negros Oriental in the 2022 National and Local Elections, his status in the petition filed by Roel Degamo before the Comelec to declare Grego ‘Ruel’ Degamo as a nuisance candidate, was that of an observer.
“Hence, even if he (Teves) was not impleaded in the petition filed by Roel against Ruel the same will not amount to a violation of his right to due process.
“Moreso, the number of votes he (Teves) has garnered will remain the same, with the Comelec proceeding merely on the appreciation of the votes cast by the voters and determine whether all of the votes obtained by the declared nuisance candidate will have to be credited in favor of the declared real candidate.
“Ultimately, the Court found no grave abuse of discretion in the counting the votes garnered by the nuisance candidate Ruel G. Degamo in favor of Roel R. Degamo.”
The PIO said a copy of the SC ruling will be uploaded at the SC’s website – sc.judiciary.gov.ph – once a copy is made available by the Office of the Clerk of Court-En Banc.
TAGS: #SC #Negros Oriental governor #Roel R. Degamo