SC finally unseats Isabela town mayor

RAMON, Isabela — The Supreme Court (SC) finally junked the motion filed by the lawyers of this town’s mayor seeking to overturn last year’s decision of the Commission on Elections (Comelec) voiding his proclamation in the 2004 elections.

The SC decision dated Feb. 8 paved the way for Vice Mayor Mercy Vizcarra to finally take over the reins of the municipal leadership from Raymond Espidol yesterday, finally ending almost six months of political tension here.

Vizcarra, however, only assumed the post in an acting capacity until the Comelec resolves the election protest filed by mayoralty candidate Wilfredo Tabag.

Tabag is demanding a recount of the ballots cast in the 2004 elections, claiming that he was cheated of his victory in favor of Espidol.

Before the SC ruling, Espidol had clung to the post, claiming that the tribunal had yet to rule with finality on his motion for reconsideration. Vizcarra, for her part, argued that the court’s earlier decision revoked the status quo order, paving the way for her to assume the mayorship.

These counter-positions sowed confusion among municipal employees and the local folk since the town was practically ruled by two mayors.

The long standoff started after the tribunal, in its Oct. 11, 2005 resolution, affirmed the Comelec decision voiding Espidol’s election victory. 

"All told, the Comelec en banc did not commit grave abuse of discretion in affirming in toto the resolution of the second division annulling the proclamation of Espidol," the tribunal said.

The Comelec, in voiding Espidol’s proclamation, said the members of the municipal board of canvassers "acted under duress, intimidation and threats" when they proclaimed Espidol.

Espidol obtained 8,647 votes against Tabag’s 6,635. But Tabag filed a petition with the Comelec to annul Espidol’s proclamation and restrain him from taking over the mayorship.

The court, however, revoked the status quo in the town, paving the way for Vizcarra to assume the position of acting mayor.

The court noted that there was a discrepancy between the number of votes cast for the mayoral candidates and the number of registered voters who actually voted.

Upon verification of the statement of votes, it said the Comelec’s second division found out that the number of those who actually voted was 17,207, while the number of votes cast for the mayoral candidates was 18,065.

"Any error in the statement of votes would affect the proclamation made on the basis thereof. The true will of the electorate may thus be not fully and faithfully reflected by the proclamation," it said.