SC junks village exec’s petition vs poll protest

MANILA, Philippines - The Supreme Court (SC) has junked a petition of a barangay chairman in Sucat, Muntinlupa City questioning an earlier ruling of the Commission on Elections (Comelec) that gave due course to the protest of his rival in the October 2010 barangay polls.

In a decision penned by Associate Justice Arturo Brion, the high court remanded the petition of Mamerto Sevilla Jr. back to the Comelec for re-hearing.

The SC held that the poll body has not resolved Sevilla’s appeal on its ruling allowing the poll protest of Renato So to proceed when Comelec commissioners voted 3-3 in 2011.

The high court explained that the assailed resolution of the Comelec “lacks legal effect as it is not a majority decision required by the Constitution and Comelec Rules of Procedure.”

It cited Section 7, Article IX-A of the Constitution and Section 5(a), Rule 3 of Comelec’s Rules of Procedure, which both require “a majority vote of all members of the commission in any case.”

“The vote of four members must always be attained to decide irrespective of the number of Commissioners in attendance… The Comelec Resolution must be reheard pursuant to the Comelec Rules of Procedure,” read the ruling unanimously approved by the SC justices in voting last March 19.

Sevilla was declared winner in the barangay election on Oct. 25, 2010 with a margin of 628 votes over So.

So filed an election protest with the Muntinlupa Metropolitan Trial Court on the ground of electoral fraud, anomalies and irregularities and asked for a manual counting of ballots.

The lower court dismissed his election protest following the recount of the ballots in the contested precincts.

After losing his appeal, So brought the case to the Comelec.

The poll body granted his petition and annulled the lower court’s ruling, prompting Sevilla to elevate the case to the high tribunal.