For San Isidro, Talisay City: Comelec upholds decision declaring new brgy captain

CEBU - The Commission on Elections first division upheld the decision of the Municipal Trial Court in Cities of Talisay City declaring Marieta Bucao, the wife of city councilor Alan Bucao, as the winner of the October 2007 barangay elections for San Isidro.

In a resolution promulgated last Wednesday, Comelec dismissed the petitions for certiorari for the two MTCC orders dated January 15 and May 9, 2008 filed by the petitioner and incumbent San Isidro barangay captain Maria Adelaida Restauro, wife of city councilor Serrie Restauro. 

In the January 15 order, MTCC Judge Mario Manayon denied Restauro’s motion to dismiss the election protest filed by Bucao, while in the May 9 order, he granted Bucao a writ of execution pending appeal for the April 22 decision declaring her as the winner of the last barangay elections.

However, Restauro was able to secure temporary restraining order dated June 12 stopping the execution of the May 9 order, and status quo order was observed within the 60-day period granted by the court.

In the Comelec where the case was elevated, both parties were allowed to file their respective memoranda. Restauro questioned MTCC’s denial of her motion to dismiss and even implicated Manayon to the case, making him a co-respondent to it saying he erred in his decision.

But the Comelec first division said that the Rules of Procedure in Election Contests before the Courts Involving Elective Municipal and Barangay Officials is “very clear.”

The Comelec said that Section 1 of this Rule prohibits the filing of a motion to dismiss except on the ground of lack of jurisdiction over the subject matter.

Restauro’s motion to dismiss is grounded on “insufficiency in form and content and not lack of jurisdiction over the matter. Perforce, the motion shall not be allowed. ”

As to the petitioner’s claim that the MTCC also erred in granting Bucao the execution of its decision, the Comelec said there are “good reasons” to grant Bucao’s appeal.

“The trial court in connection with its decision in election contests, may issue execution pending appeal for good reasons stated in the order granting it, for as long as the motion for execution pending appeal is filed within the five-day reglementary period for perfecting an appeal,” the Comelec first division said. — Liv G. Campo/BRP      (THE FREEMAN)