Negros Occidental Provincial Elections Supervisor Jessie Suarez last night said he will order the relief and suspension of COMELEC officer Jason Sy of Valladolid for overriding the order of the Commission not to include 946 persons on the list of voters in Valladolid town.

Judge Manuel Limsiaco of the Municipal Circuit Trial Court of Valladolid-San Enrique-Pulupandan Saturday issued an order for the inclusion of the 946 on the list of Valladolid voters, Suarez said.

Suarez said an ally of mayoralty candidate Ricardo Presbitero had earlier offered him money to support the inclusion of the 946 but he refused it.

Last night, however, Presbitero said he did not send anybody to offer Suarez money, I do not know what he's talking about, Presbitero said.

Presbitero said the provincial election supervisor cannot reverse a decision of the MCTC because, under the Omnibus Election Code, it is the MCTC that should decide who should be excluded or included.

Presbitero is running under the Genuine Opposition-Partido ng Masang Pilipino ticket against and Rommel Yogore of the Nationalist People's Coalition.

Suarez said COMELEC Commissioner Resurreccion Borra ruled yesterday that since Limsiaco's order has not become final and executory, the 946 should not be included in the list of voters for today's election in Valladolid. It is very clear from the provision of the law that decisions of Municipal. Trial Courts become final and executory five days after receipt of notice by the aggrieved party, Borra said in a memorandum to Suarez yesterday.

Ed Oliver Tan, lawyer of the NPC, in a letter to Suarez and the Negros Occidental provincial treasurer asked that they hold the release of additional ballots to the COMELEC of Valladolid considering that the resolution of Limsiaco was received by them only on Saturday morning.

The Voters Registration Act of 1996 provides that the court should decide petitions on inclusion-exclusion not later than 15 days before the election, Tan pointed out.

He also said that the resolution is still subject to appeal.

The action of the court in rendering a resolution without conducting the necessary hearings, and the clandestine release of resolutions on Saturday, two days before the election, are in clear and blatant disregard of the substantive and procedural rights of the intervenor and amount to gave abuse of authority and discretion, Tan said.

Suarez last night said he was on his way to Valladolid to ensure that the order of Borra to hold the inclusion of the 946 is followed.*CPG

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