Pardo barangay captain Danilo Lim has formally asked Municipal Trial Court in Cities Judge Monalila Tecson to dismiss the motion filed by his political opponent Fermin Dasmariñas because the court has already lost jurisdiction over the case after he appealed its decision before the Commission on Elections
Tecson has directed the barangay captain to file his comment on the motion of Dasmariñas, asking the court to install him formally as the duly elected barangay captain of Pardo because the revision of votes conducted by the court has showed that he garnered 134 more votes than Lim.
But Lim -- through his counsel Ervin Estandarte – chose not to submit any written arguments about the intention of Dasmariñas aside from saying that he already appealed the decision of Tecson before the Comelec in Manila.
Lim said he will try to ask the Manila-based Comelec to issue a temporary restraining order to prevent Tecson from issuing any order after her decision.
Under the rules, the Comelec has the power to issue temporary restraining order against the regular courts over election-related cases pending further proceedings before the Comelec-Manila.
But until yesterday the MTCC has not received any order from the Comelec.
Tecson proclaimed Dasmariñas as the real winner for the post of barangay captain in Poblacion, Pardo after it was found out in the revision of votes that he garnered the highest votes over Lim.
But Lim, who is allied with the opposition party, strongly believes that somebody may have altered the election records while these were being kept at the City Hall because it was clearly established by the Board of Canvassers that it was him who obtained the highest votes and not Dasmariñas. – Rene U. Borromeo/MEEV