CEBU - The second division of the Commission on Elections (Comelec) in Manila has affirmed the local court’s decision naming Rizabal Gallardo as one of the winners of the barangay elections in Basak-Pardo.
Presiding commissioner Nicodemo Ferrer has denied the appeal of Jose de la Cerna, the seventh placer in the barangay council during the October 29, 2007 barangay elections.
De la Cerna, son of former Cebu City councilor Ruben dela Cerna, asked Comelec-Manila to reverse the order of Municipal Trial Court in Cities (MTCC) Judge Anatalio Necesario declaring him as loser in the elections. The results of the barangay elections showed that De la Cerna, who ran without a political group, got five more votes than Gallardo.
Unsatisfied of the results, Gallardo, who used to be a supporter of opposition leader Jonathan Guardo, filed a protest with the court and successfully got a favorable ruling.
After the recount of votes before the court, it was found out that Gallardo even garnered nine more votes than De la Cerna.
De la Cerna filed an appeal with Comelec-Manila.
Basak-Pardo barangay captain Dave Tumulak confirmed that he already received the ruling of the Comelec’s second division affirming the court’s decision.
It prompted Gallardo, who is fondly called as “Bosing” by his neighbors, to take his oath of office as the seventh councilman of Basak-Pardo before acting vice mayor Hilario Davide III.
Tumulak said he will allow Gallardo to sit in the barangay council once the Comelec regional office and the Department of Interior and Local Government (DILG) will issue orders for his assumption to office. — Rene U. Borromeo/NLQ (THE FREEMAN)