CEBU, Philippines - Court proclaimed winner Esther Concha will have to wait more time before she could assume office as barangay captain of Calamba after the Municipal Trial Court in Cities has denied her motion seeking to implement the court decision.
MTCC Branch 1 Judge Monalila Tecson denied Concha’s motion for reconsideration on her March 13 ruling granting the motion of the sitting barangay captain Victor Quijano to hold in abeyance the implementation of the writ of execution pending his appeal on the court’s declaration of Concha as the real winner in the October 10, 2010 barangay elections.
Tecson denied Concha’s motion for reconsideration for lack of merit.
“Finding no cogent reason to disturb the order dated March 13, 2012 the said motion is hereby denied for lack of merit,” the order reads.
The court on February 27, 2012 granted the motion of Concha for the issuance of the writ of execution allowing her to assume office as the rightful occupant in the office of the barangay captain in Calamba.
Concha was earlier proclaimed winner in the election protest she filed against Quijano with a majority of 39 votes.
Quijano however moved for the reconsideration of the order citing the court’s lack of jurisdiction to issue the writ because of the pending appeal. Tecson found Quijano’s motion to be meritorious and subsequently reversed her ruling. (FREEMAN)