1

Republic of the Philippines

REGIONAL TRIAL COURT
9th Judicial Region
Branch 24
Zamboanga City
FERDAUS W. RADJA,
ELEC PROTEST CASE NO.
Protestant,

I-125

-versus-

-for-

CARLNAN A. CLIMACO
Protestee.

JUDICIAL REVISION AND

RECOUNTING OF BALLOTS

X----------------------------------------X
COMMENT/OPPOSITION TO THE PROTESTEES MOTION FOR
RECONSIDERATION
COMES NOW, Protestant through undersigned counsel and
unto this Honorable Court, most respectfully submits this
Comment/Opposition to the Protestees Motion for Reconsideration
and states that;
1.

Last 23 December 2016, the Protestant received a copy

of the Motion for Reconsideration filed by herein Protestee
seeking to reconsider the Order of the Honorable Court dated
19 December 2016, which ordered the Revision of the
Counter-protested precincts;

2.

The Protestant respectfully opposes the Protestees

Motion for Reconsideration which anchored on the premise
that a post-revision determination of the merit or legitimacy of
the protest prior to revision of the counter-protest must be
done by the Honorable Court under the rules provided under
Section 10, Rule 10 of A.M. No. 10-4-1-SC. It is submitted that
the Honorable Court correctly ordered the Revision of the
Counter-protested precincts as it was in accordance with the
exercise of its sound judicial discretion in order to attain
substantial justice on both parties;

3.

Judicial discretion, by its very nature, involves the

exercise of the judge's individual opinion and the law has
wisely provided that its exercise be guided by well-known
rules which, while allowing the judge rational latitude for the
operation of his own individual views, prevent them from
getting out of control.1 Thus, it is submitted that the Honorable

1 Paderenga v. Court of Appeals, G.R. No. 115407, August 28, 1995.

Court correctly exercised its judicial discretion in ordering the

Revision of the Counter-protested precincts in order to speed
up the disposition of the above-captioned case;
4.

Moreover, in not a few instances, the Court relaxed the

rigid application of the rules of procedure to afford the parties
the opportunity to fully ventilate their cases on the merits. This
is in line with the time-honored principle that cases should be
decided only after giving all parties the chance to argue their
causes and defenses. Technicality and procedural
imperfection should, thus, not serve as basis of decisions. In
that way, the ends of justice would be better served. For,
indeed, the general objective of procedure is to facilitate the
application of justice to the rival claims of contending parties,
bearing always in mind that procedure is not to hinder but to
promote the administration of justice. In this case, however,
such liberality in the application of rules of procedure may not
be invoked if it will result in the wanton disregard of the rules
or cause needless delay in the administration of justice. It is
equally settled that, save for the most persuasive of reasons,
strict compliance is enjoined to facilitate the orderly
administration of justice.2;

5.

Hence, in view of the foregoing, the Protestant most

respectfully prays of this Honorable Court to deny the
Protestees Motion for Reconsideration;
PRAYE R

WHEREFORE, it is most respectfully prayed of this Honorable

Court to deny Protestees Motion for Reconsideration.
Protestant prays for such other reliefs as may be just and equitable in
the premises.
Zamboanga City, Philippines, 27 December 2016.
GIAN PAOLO U. ENRIQUEZ
Counsel for Protestant
ENRIQUEZ CAPIN and GAUGANO LAW OFFICES
2nd Floor, LDM Bldg., Pilar St., Zamboanga City
PTR No. 1168594-01/04/2016
IBP No. 897135-01/04/2016
at Zamboanga City
Roll No. 49871-05/02/05
MCLE Compliance No. III- 0012187-04/13/10
MCLE Compliance No. IV- 0000617-05/11/10
MCLE Compliance No. V- 0002658- 06/19/14
Emailaddress:enriquez.capin.gaugano.law@gmail.com
Telephone Number: (062) 990-1412
2 Asian Spirit Airlines v. Spouses Bautista, G.R. No. 164668. February 14, 2005.

Copy furnished:
ATTY. QUIRINO G. ESGUERRA, JR.
Counsel for Protestee
Esquire Center Building, Tomas Claudio Extension
Zamboanga City
NOTICE OF HEARING
The Clerk of Court
RTC, Branch 24
Ipil, Zamboanga Sibugay
ATTY. QUIRINO G. ESGUERRA, JR.
Counsel for Protestee
Esquire Center Building, Tomas Claudio Extension
Zamboanga City
G R E E T I N G S:
Please be informed that the undersigned shall submit the
foregoing Comment to the Honorable Court for its consideration and
approval without need of oral argument.

GIAN PAOLO U. ENRIQUEZ

EXPLANATION
It
is
respectfully
manifested
that
the
foregoing
Comment/Opposition is being filed via registered mail with return card
due to distance.
GIAN PAOLO U. ENRIQUEZ