CEBU, Philippines - The Municipal Circuit Trial Court (MCTC) in Medellin-Daanbantayan-San Remegio proclaimed Dominador Saplad as duly elected captain of Barangay Antipolo, Medellin during the 2010 barangay elections.
Saplad filed an election protest with prayer for revision of ballots against his opponent, Dromero Desabelle.
Circuit Judge Cornelio Jaca proclaimed Saplad as winner in a margin of two votes during the revision of ballots. Based on ballots from eight clustered precincts, Saplad garnered 669 votes while Desabelle got 667 votes.
Jaca’s decision was affirmed by the Commission on Elections (Comelec) En Banc, Manila.
Desabelle filed a Notice of Appeal before Comelec Manila but on January 13, 2012, the commission En Banc denied Desabelle’s motion for reconsideration with finality.
Meanwhile, Jaca issued a writ of execution to in accordance with the En Banc decision with entry of judgment, which made the order final and executory.
“Finding the grounds in the motion for execution being meritorious and upon receipt of the notice from the Comelec En Banc, Manila with attached order and entry of judgment, the court after hearing considered the issuance of the writ of execution ministerial,” the order reads.
Jaca directed the sheriff of the Regional Trial Court (RTC), Branch 61 in Bogo City, Cebu to assist in the implementation of judgment by “ousting” Desabelle from his post as Punong Barangay of Antipolo and “install” Saplad to the position. – (FREEMAN)