Convenors for the creation of Barangay Paglaum in Bacolod City, who are questioning the results of the January 11 plebiscite, have 10 days to file any opposition or protest before the Commission on Elections, Bacolod Election Officer Mavil Majarucon-Sia said yesterday.

The creation of Brgy. Paglaum as the 62 nd barangay of Bacolod was rejected by majority of the voters of Brgy. Mansilingan during a plebiscite held Saturday with the “no” votes dominating the “yes” votes by a difference of 405 votes.

Those who opposed the separation of Paglaum Village from Mansilingan by voting “no” garnered 2,987 votes against the 2,582 who voted “yes” in favor of the creation of Brgy. Paglaum.

Out of the 17,581 registered voters in Masilingan only 5,589 cast their votes, which is equivalent to about 32 percent of the total registered voters.

Gimeno Ymballa, legal counsel of the Brgy. Paglaum convenors, had manifested before the Board of Canvassers that they will file a protest covering the 10 precincts in Paglaum Village and its neighboring haciendas saying that the inclement weather and massive vote-buying influenced the voters from casting their votes.

Majarucon-Sia said the petitioners can submit their petition or motion before the Legal Department of the COMELEC in its Central Office in Manila before the deadline.

It is the COMELEC Legal Department that will determine the validity of the allegations of the petitioners, as the COMELEC-Bacolod, particularly the members of the Board of Canvassers, have no authority over the legal issue being raised, she said.

Ymballa said they will file a protest within 10 days because about 80 percent of the constituents of Paglaum Village failed to cast their votes and they want to hold another plebiscite that will reflect the will of the people in that area.

Out of about 3,570 registered voters in Paglaum Village only 1,900 voted, he said.

Ymballa they want to nullify only the 10 voting precincts in the Paglaum Village area because of irregularities like the inclement weather and vote-buying.

Majarucon-Sia said that, based on the jurisprudence of the Supreme Court, there was never an incident where the COMELEC declared a failure of election because of the low turn-out of voters.

As to the alleged vote-buying, it is up to the complainants to prove it. They have to file a formal complaint before the COMELEC, she said.

Majarucon-Sia said this will not affect the result of the elections unless they can prove there was massive vote-buying that had affected the results.

Acting Bacolod City Police Director Senior Supt. Edgardo Ordaniel said they will conduct a separate investigation on the alleged vote-buying during the January 11 plebiscite.

Majarucon-Sia pointed out that the 32 percent voter turnout Saturday is already high compared to the standards of conducting a plebiscite. The low voter turnout is not a ground or a basis for the nullification of the result of an electoral process, she said.*CGS

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