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GERRY

1) He received a court order to safeguard election materials from precincts 131 and 132, which were moved to the new municipal building. 2) He later received a similar order for precinct 130, but believed its materials were also safely guarded at the old municipal building. 3) A final court order directed delivery of all materials, which his office complied with by submitting receipts, even though precinct 130's materials were delivered separately due to being stored at different locations.

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Ederic Apao
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34 views3 pages

GERRY

1) He received a court order to safeguard election materials from precincts 131 and 132, which were moved to the new municipal building. 2) He later received a similar order for precinct 130, but believed its materials were also safely guarded at the old municipal building. 3) A final court order directed delivery of all materials, which his office complied with by submitting receipts, even though precinct 130's materials were delivered separately due to being stored at different locations.

Uploaded by

Ederic Apao
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines)

Ipil, Zamboanga Sibugay ) S.S.


x-- - - - - - - - - - - - - - - - - - /

AFFIDAVIT OF EXPLANATION
I, GERARDO N. VELASCO, of legal age, Filipino, and a
resident of Ipil, Zaboanga Sibugay, having been duly sworn in
accordance with law, hereby depose and state, that:

1. I am the Municipal Treasurer of the Local Government


Unit of Ipil, Zamboanga Sibugay;

2. On November 30, 2023, I received an Omnibus Order from the


1 Municipal Circuit Trial Court (Ipil-Tungawan-R.T. Lim), 9th Judicial
st

Region, of Ipil, Zamboanga Sibugay, which states among others:

“WHEREFORE, premised on the foregoing, the Motion to Render an


Appropriate Order is hereby considered WITHDRAWN. The Motion
to Direct the Officials concerned to Comply is hereby denied for
being moot.

However, the Municipal Treasurer and Election Officer of the


Municipality of Ipil is hereby ORDERED to Explain why ballot box
of precinct 130 was delivered separate from the other two precincts
which were all subject of the same order of the court dated November
23, 2023.

SO ORDERED this November 30, 2023, at Ipil, Zamboanga


Sibugay.”;

A copy of the said Order is hereby attached as Annex “A”.


3. By virtue of that Omnibus Order that I am executing this
Affidavit of Explanation;

4. On November 13, 2023, our office received an Order from 1st


Municipal Circuit Trial Court (Ipil-Tungawan-R.T. Lim), 9th Judicial
Region, of Ipil, Zamboanga Sibugay, which states, among others:

“... The Municipal Treasurer… are hereby enjoined to take immediate


and appropriate measures to safeguard the integrity of all the ballot
boxes and the ballots, the lists of voters and voting records, the books
of voters and voting records, the books of voters and other documents
or paraphernalia used in the election evidencing the conduct and
results of elections in the contested clustered precinct numbers 131
and 132 both in the aforementioned barangay.;
A copy of the said Order is hereby attached as Annex “B”.

5. By virtue of the said order of this Honorable Court, we have


immediately taken all the necessary measures to safeguard the integrity of
the said objects, in so far as those related to clustered precinct number 131
and 132, and brought them to the New Municipal Building in Taway, Ipil,
Zamboanga Sibugay, from the Old Municipal Building in Poblacion, Ipil,
Zamboanga Sibugay which was under the physical custody of the
COMELEC thereat;

6. That on November 17, 2023, our office received another order


from the Honorable Court with the same tenor as the Order dated November
13, 2023, but this time, the same is with regards to clustered precinct number
130. A copy of the said Order is hereby attached as Annex “C”.

7. That I believed the necessary measures to safeguard the


integrity of the said ballot boxes and the ballots, the lists of voters and
voting records, the books of voters and voting records, the books of voters
and other documents or paraphernalia used in the election evidencing the
conduct and results of elections will also be attained and in fact was already
complied with even if the same was not transferred to the New Municipal
Hall Building, as they were being safely guarded and manned in the Old
Municipal Building, as well as the necessary personnel were on point in
guarding the same;

8. That there is nothing wrong with, nor will the integrity of the
said election items be affected if they were kept separately, considering that
all of the necessary measures to secure them were properly put in place;

9. On November 24, 2023, our office received another order,


dated November 23, 2023 from the same Honorable Court, commanding us
to deliver the ballots, list of voters and voting records, books of voters and
other documents or paraphernalia used in the October 30, 2023 BSK
Elections involving the clustered precinct numbers 131, 132, and 130, on
November 28, 2023. A copy of the said Order is hereby attached as
Annex “D”.

10. By virtue of the said order, we have already complied the


delivery thereof, and as proof, attached herein is the copy of an
Acknowledgement Receipt dated November 28, 2023 as Annex “E”,
indicating the all of the concerned ballot boxes for the Barangay Lower
Taway election contest was already delivered to this Honorable Court.
11. That I believe we have already complied with the orders of this
Honorable Court, and that separate physical delivery of the concerned
election paraphernalia and documents were only due to their separate
physical safekeeping, such that those concerning Clustered Precincts
Number 131 and 132 were kept in the New Municipal Building in Taway,
Ipil, Zamboanga Sibugay, and the Clustered Precincts Number 130 was kept
in the Old Municipal Building in Poblacion, Ipil, Zamboanga Sibugay

12. There are nothing irregular to the same nor should it cause any
alarm to any persons involved as it was only a matter minutes difference
when the delivery was made;

13. Rest assured that all of the measures required and necessary to
secure the integrity and sanctity of all of the subject items were fully met,
attained, and implemented.

14. That I am executing this affidavit to attest to the truth and


the veracity of the foregoing facts and for whatever legal purposes
that this may serve. That the contents of this document was explained
and translated to me in the Visayan dialect which is the dialect local
and known to me.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


__________________ , at _____________________, Philippines.

ASTIN EUSTAQUIO
(Affiant)
ID No. ____________________
Issued by: _____________________________

SUBSCRIBED AND SWORN to before me this _____________,


2023, at __________________________.

Doc. No. ______


Page No. ______
Book No. ______
Series of 2023.

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