For Poblacion Pardo captain: Court proclaims new poll winner

The court yesterday proclaimed Fermin “Emin” Dasmarinas as the new barangay captain of Poblacion Pardo, Cebu City.

It was found out that he garnered 134 more votes than re-electionist barangay captain Danilo Lim in last year’s elections.

But Municipal Trial Court in Cities (MTCC) Branch 1 judge Monalila Tecson ruled that the accusations of cheating, particularly the so-called “dagdag-bawas,” was not proven during the trial.

The election records showed that Lim, who is identified with the opposition, was proclaimed winner by the Board of Canvassers immediately after the October 29 synchronized barangay and SK elections because he obtained 2,910 votes while Dasmarinas only got 2,858.

Not satisfied of the results of the elections, Dasmarinas, who used to be the number one barangay councilman and an ally of the Bando Osmena Pundok Kauswagan (BOPK), filed an election protest before the court.

Lim also filed a counter protest because he is not even convinced that he won only by 52 votes over Dasmarinas citing the “neighborhood rule.”

The so-called “neighborhood rule” states that if the name as spelled in the ballot, although different from its orthographically correct spelling, sounds practically the same when pronounced according to our method of pronunciation, it is sufficient designation of the individual to whom it refers, and the error of the writer must not be taken into account.

In many cases the court explained that the misspelling of a name or lack of skill in writing it should not be taken as a ground for rejecting the votes apparently intended for a candidate, so long as the intention of the voter appears to be clear.

Lim also accused Dasmarinas of manipulating the electorate through massive vote-buying.

He claimed that one of his supporters discovered that during the day of election somebody had already voted using his name.

But the court noted that the allegations of fraud, anomalies and irregularities such as massive vote-buying by both Lim and Dasmarinas have not been substantiated by clear and convincing evidence.

Judge Tecson said after collating the results in each and every precinct of barangay Poblacion, Pardo based on the report of the Revision Committee, the court finds that protestant Fermin Dasmarinas is the real winner.

Lim said he was not surprised of the court’s decision because Judge Tecson denied his motion to summon the teachers who prepared the certificate of election returns.

He said, he will fight for his right by filing a motion for reconsideration and if denied, he may elevate the matter to the Commission on Elections or the Supreme Court.

“Kon makapakita si Dasmarinas og kamatuoran nga siya na ang gipalingkod nga kapitan, mopahawa dayon ko kay wala man ko’y gilubong nga mina dinhi sa barangay,” Lim said.

The court also ordered Lim to pay P20,000 as attorney’s fee and P5,000 as litigation expenses, but the outgoing barangay captain said “Kon ma-final na ang desisyon, mohangyo lang ko nga dili lang ko pabayron kay pait nga ako pa ang natikasan, unya ako pa hinoon ang makabayad.”

Dasmarinas’s counsel Delon Richel Ramon Urot said he will file a motion asking the court and the Comelec to execute the order. (/NLQ)