CEBU, Philippines – Three years after the 2007 barangay elections, the Commission on Elections en banc has declared null and void the 2009 decision of the Municipal Trial Court in Cebu that proclaimed Fermin Dasmariñas as Barangay Captain of Poblacion-Pardo.
The Comelec made the ruling when it granted the motion for reconsideration filed by Dasmariñas' opponent, Danilo Lim, on the MTCC decision, which declared Dasmariñas the real winner.
It was Dasmariñas who filed the protest at that time, citing alleged anomalies and fraud.
The Board of Canvassers had declared Lim as winner by a margin of 52 votes, but a revision of votes showed Dasmariñas winning by a margin of 134 votes.
Lim then raised the matter to the Comelec but on February 5, 2009, the Comelec's First Division dismissed his notice of appeal for his failure to submit a required brief within 30 days.
"Pursuant to Section 5, Rule 22 of the COMELEC rules of procedure which mandatorily requires the appellant to file his brief within 30 days from receipt of the notice to file appellant's brief, and section 9(b) of the same rules which provides that appellants failure to file the required brief within the prescribed period is a ground for the dismissal of the appeal," the First Division said.
Lim said he received the notice to file brief on October 30, 2008, but he did not file the document on the same day as it was Sunday. The following day, December 1, was declared a holiday. He then filed the requirement on December 2.
The case was subsequently elevated to the Comelec en banc.
The en banc ruled that the writ of execution issued by the MTCC was null and void because the court had no more jurisdiction of the case after the protest was elevated to the Comelec.
In an interview with The FREEMAN yesterday, Dasmariñas insists that the recent Comelec ruling would not affect the status quo.
Dasmariñas currently sits as captain of Poblacion-Pardo after winning in the October 2010 barangay polls yet again over Lim.
Lim, through counsel Ervin Estandarte, said he would fight it out to the Supreme Court. (FREEMAN)