After a ruling that he lost in last year’s elections following a recount, Poblacion Pardo Barangay Captain Danilo Lim has sued a judge and the clerk of court.
In a complaint before the Ombudsman, Lim alleged that MTCC Judge Monalila Tecson and her Clerk of Court, Arlene Laude, violated the anti-graft and corrupt practices law for allegedly refusing to forward to the Commission on Elections the records of the recount.
The alleged refusal was reportedly the reason why Tecson had granted the motion of Lim’s political opponent, Fermin Dasmariñas, to have him installed as barangay captain despite the appeal Lim has filed before the Electoral Contests Adjudication Department.
After the recount revealed that Dasmariñas had actually won the November 2007 barangay elections, Lim immediately filed an appeal before the Comelec in Manila.
During this time, Dasmariñas also filed a motion for the court to execute its ruling and install him as barangay captain but Tecson, on May 26, denied the motion for the reason that her court has already lost jurisdiction over the case.
In the same order, the branch Clerk of Court was reportedly directed to “immediately transmit the records of the case to the Commission on Elections.”
Section 4, Rule 22 of the Comelec Rules of Procedure, the Clerk of Court shall, within 15 days from filing of the notice of appeal, shall transmit the records of the case to the Electoral Contests Adjudication Department.
Likewise, the Comelec, in an order dated June 13, also directed Laude to transmit to the Comelec the records of the case three days from receipt of the order.
But Laude reportedly denied having received the June 13 order of the Comelec. This despite a certification from the Post Office, which reportedly showed that the court has indeed received a copy of the Comelec order, Lim said.
Just this month, Tecson recalled her May 26 order and subsequently rendered a ruling in favor of Dasmariñas “pending appeal,” claiming that the records of the case are still in her court.
“It would appear now that Monalila S. Tecson and Arlene B. Laude conspired and confederated with one another in deliberately and willfully refusing to forward the records of the case despite the two orders and despite she (sic) is mandated by rules to do so,” Lim alleged.
Both respondents will be made to formally answer the charges against them before the anti-graft office.
After the recount, Tecson had said that Dasmariñas actually won by a margin of 134 votes over Lim. She had also directed Lim to pay P25,000 in litigation expenses and fees.
Lim, however, said that he was not surprised by the ruling and alleged that the proceedings were hastily done.
He also alleged that the court did not hear the side of teachers who were willing to authenticate and verify the ballots and election returns.
Prior to the recount, Lim failed to file his preliminary conference brief.
Dasmariñas then moved for the court to declare Lim in default for not passing an answer to his counter-protest. — Joeberth M. Ocao/NLQ