Although a panel of Tribunaal Apelativo Revealed the controversy over the election of the Alcaldia of San Juan al Tribunal de Primera Instancia, the review of the process in this forum will be held by Alcalde Miguel Romero solicita revisión al Tribunaal Supremo, as he anticipated ayer que haría.
The President of the College of Abogados and Abogadas Arturo Hernández recalculate that, in this stage, the Supreme Court will only tend to face legal controversy, precisely because of the fact that the panel compiled by the appeals courts Fernando Bonilla Ortiz, Nereida Cortés González y Olga Birriel Cardona revoked, in divided decision, to superior juez Anthony Cuevas.
Last January 29, Cuevas determined the legal representation of Manuel Natal, aspirante del Victoria Ciudadana Movement (MVC), has failed to appoint a Roman within the term of five days behind the presentation of the application, but the magistrates Bonilla Ortiz and Cortés González interpret that the electoral law stipulates a special procedure that does not require an ordinary judge, the impugned candidate receives a copy of the resource that questions the election result.
This notification, in addition to the judicial documents, will be issued on January 17, three days after Natal presented his impeachment of the election, in which he solicited, as a remedy for alleged fraud committed in the general scrutiny, a new vote of the electoral and austere voting voters.
Romero, in his motion of censure, stated that he did not have the 21st of January – he had already been presented with the impeachment – that the representatives of Natal would have a job in the office of legal assistants of the municipality of San Juan, according to the Appellate resolution this point for academic consideration.
Hernández recorded that the Supreme had no intention of interpreting the provisions contained therein. Article 10.15 of the new Código election, which directs the process of impugnation and constitutes the basis of this jurisdictional controversy.
Any Candidate who imputes the election of another, will present the Jude in the Hall of the San Juan Judicial Region designated in conformity with Chapter XIII of this Ley, and inside the ten (10) following days of notification of the electoral certification for each public cargo in the general procurement, a written, exposing many jurisprudence on the grounds on which the impregnation is, which must be of natural nature that, to try, bastarían to change the result of the. A full copy and exact copy of the written waiver will be notified to the Immigrant Candidate and will be sent personally, within the five (5) days following his presentation “, indicates the text of the disputed statute, at the disposal of the alleged waiver” inside the diez (10) next day to the fecha in which to receive the notification “of the impugnation.
“The notice, writing and contestation prescribed in this Act shall be conducted by any person competent to testify and shall be mediated between the respective parties and their electoral representatives, in accordance with the rules of procedure of the Rules of Procedure. the person who drives dirigidas ”, adds article 10.15.
In its sentence, the Tribunal de Apelaciones planto stated that “an analysis held by Article 10.15 reveals that the legislator omits the use of the term placement and, in his case, refers to the notification of the written impunity imputation of the staff entry.
Concerning the arguments that the Supreme Court considers in resolving the jurisdictional controversy, and the lack of local jurisprudence “in electoral matters”, Hernandez affirms that it is likely that (analyzing dictates of) other jurisdiction. Recruit and treat and plant plants that correspond ”.
If there are 30 rules of civil procedure in order to comply with the Supreme Court with a remedy of certiorari, Romero will have to do a lot of antecedents, Hernández said, if he does not correct the risk that the Tribunal de Primera Instance will review in its merits the allegations presented by Natal.
Once the resource has been presented, Hernandez planted that the maximum forum does not extend long before prevailing to reach a conclusion.
‘No, he saw a similar version of the case. In every way, there is a form of otra in the executives of an alkalde in functions and probability that are the relative normality that is high, before the probability of being able to change the scenario “, said the former the government by extinction Movement of the Soberist Union.
Hernández did not say that if the Supreme Court had issued an adverse decision against Natal, the candidate of the MVC could intend to make his advertisement Tribunaal Supremo de los Estados Unidos, but the argument that the presumptions of illegality cover the right to vote of the electorate.
Natal’s impugnation states that in the scrutiny there are 6,593 “illegal” municipal ballots, which will be dealt with by votes cast in excess of the number of eligible and eligible voters, due to a lack of evidence in the act of doing so. not.
Romero was certified as calculating with a sale of 3,465 suffragettes, which includes a difference of 6,000 votes on Natal in the 77 units of the five percent of the capital, where the advancing vote is maintained and supported.