SET Case No. 001-04 (JOHN HENRY R. OSMEÑA, Protestant, versus RODOLFO G. BIAZON, Protestee; ROBERT Z. BARBERS and ERNESTO M. MACEDA, Necessary Protestees)


Election Protest: This Election Protest was filed on 17 June 2004 by Protestant John Henry R. Osmeña, who ranked 15th in the 10 May 2004 senatorial elections against Rodolfo Biazon, who ranked 12th, as Principal Protestee and Robert Barbers and Ernesto M. Maceda, who ranked 13th and 14th, respectively, as Necessary Protestees.

Protestant Osmeña claimed that despite warnings, precautions and other preventive measures, the 10 May 2004 national election was marred by widespread fraud, cheating and irregularities that suppressed the true and genuine will of the electorate.

After the initial revision of ballots, Protestant Osmeña withdrew his protest on the alleged ground that the protest would lead to nowhere as his main evidence had already been tampered with and/or destroyed. According to Protestant Osmeña, the initial phase of the recount of ballots from the pilot precincts showed a pattern indicating that the “real ballots” were no longer the ones inside the ballot boxes as these had been substituted with fake ballots which had been fixed to conform to the official tally.

Status: The case was dismissed in Tribunal Resolution No. 06-03, promulgated on 18 May 2006, upon the filing by Protestant Osmeña of a “Withdrawal of Protest” on 03 April 2006.