Aileen Guardo won, says court

CEBU, Philippines - Municipal Trial Court in Cities Judge Francis Rainier Navarrete of Branch 3 proclaimed Aileen Guardo as winner and duly elected as barangay captain of Barangay Sambag I.

Guardo, an ally of Team Rama, earlier filed an election protest against Lemar Alcover who was proclaimed by the barangay board of canvassers as winner during the 2013 barangay elections.

The filing of protest stemmed from the "widespread chaos, harassment, threat and intimidation, other than the election fraud and irregularities, misappreciated votes, votes erroneously not appreciated for the protestant, ballots prepared not by the voter, ballots prepared by only one person, or by two different persons, or with making patterns and dagdag-bawas.

Guardo, in her complaint last year, alleged that Alcover failed to comply with the residency requirement of a candidate set under the law.

"The votes counted in favor of the protestee (Alcover) should be considered as stray votes for the reason that protestee did not comply with the residency requirement for a candidate as he filed a certificate of a candidacy for the position of municipal mayor of  Tabogon, Cebu Province for the May 13, 2013 national and local elections," the complaint read.

Guardo said that in order for Alcover to become a candidate for barangay captain of Sambag 1, he should have resided for at least one year in the barangay.

"Buying of votes and other forms of vote-buying were resorted to by the protestee in order to pressure voters to vote for him or not to cast their votes for the protestant (Guardo)," the complaint read.

Guardo further said that it was not the registered voters themselves who shaded the official and valid ballots but the "cohorts, coordinators, leaders and supporters of the protestee, in connivance with the aid of members of the Board of Election Tellers."

However, during the revision of all contested ballots, the court found that Guardo garnered 3,052 votes while Alcover got only 2,979 votes. Guardo won with a margin of 73 votes.  Sambag 1 has 9,318 registered voters and 24 clustered precincts.

"Wherefore, for successfully showing reasonable recovery of votes, judgment is hereby rendered declaring the protestant Guardo the truly elected punong barangay of Sambag 1, Cebu City, and the proclamation of the protestee for the same office is hereby accordingly annulled," Navarrete, MTCC assisting judge, reads the ruling.

"I am so happy kay natagaan og hustisya ang nilabyang piniliay," Guardo told The Freeman in a phone interview.

Guardo awaits the writ of execution to be issued by Navarrete. —/JMD (FREEMAN)