CEBU, Philippines - The newly-proclaimed barangay captain of Calamba, Cebu City is asking the court for the immediate execution of the decision.
Calamba’s new barangay captain, Esther Concha, through lawyer Delon Richel Ramon Urot, filed a motion for execution pending appeal before Municipal Trial Court in Cities Branch 1 asking for the issuance of the writ of execution.
“Because of the clear and unmistakable victory of the protestant-movant over the protestee in the said election, it is but fair and equitable to immediately install the protestant-movant to the said elective position so that public interest will be better served and in order to give real meaning to the true will and actual voice of the electorate of the barangay,” Concha’s reads.
Concha likewise asked the court to order the proper government authorities concerned to assist in the implementation and enforcement of the court’s decision.
She argued the good reason for the immediate execution of the court’s decision was the fact that she won in the barangay elections last October 10, 2010. She added that she was declared as winner based on the judicial recount of the ballots in the 22 protested precincts.
“On the basis of the decision premised on the thorough judicial revision of ballots and recount of votes, the protestant-movant was declared to have won by 39 votes over the protestee,” the motion reads.
Urot said the court can rule over the execution despite the appeal made by the camp of Victor Quijano before the Comelec en banc, citing jurisprudence of the Rules of Procedure in Election Contest.
Concha said that based on the decision, it was very clear that she won against Quijano by a margin of 39 votes.
“It must be emphasized herein that the votes of the protestant in the 22 protested clustered precincts as reflected in the Election Returns increased after the physical count of ballots during the revision proceedings,” Concha added.
Municipal Trial Court in Cities (MTCC) Judge Monalila Tecson of Branch 1 earlier proclaimed Esther Concha as winner.
Concha filed an election protest against Quijano citing “irregularities” during the 2010 elections. (FREEMAN)