Forbes barangay captain wins court case

A lower court has affirmed the victory of National Movement for Free Elections (Namfrel) chairman Jose Concepcion, who ran for barangay captain of Forbes Park last July.

The Metropolitan Trial Court of Makati City dismissed a petition filed by his election rival, who accused Concepcion of unlawful electioneering and violating rules of the Commission on Elections (Comelec).

Judge Encarnacion Jaja Moya-Balbastro ruled that Concepcion did not commit any election violations and dismissed Enrique Lagdameo’s quo warranto petition.

Lagdameo, who ran against Concepcion in the recent barangay polls, filed the petition with the Makati court based on allegations that Concepcion violated rules on the use of election paraphernalia and that he was still campaigning during election day.

According to Lagdameo, Concepcion violated Comelec Resolution 4187, which supposedly limits campaign materials to handwritten posters and leaflets.

However, Concepcion’s lawyer Romulo Macalintal explained that Lagdameo’s camp failed to recognize a newer Comelec resolution that allows the use of printed materials.

"All election materials used were cleared by the Comelec. The Comelec has already allowed the use of posters," Concepcion said.

Concepcion was also accused of staying inside the precinct area for almost an hour during election day and that he allowed himself to be interviewed by members of the media. He said the first accusation was not true.

He explained that some TV networks simply asked him to re-enact his vote-casting as he was on his way out of the precinct. He did so with permission from Comelec officials who were there.

The court dismissed the petition of Lagdameo for lack of jurisdiction as it argued that the determination of whether a candidate is guilty of violating election rules and regulations is not within the jurisdiction of the MTC but the Comelec.

Macalintal explained that a quo warranto proceeding is only meant to determine whether or not a proclaimed candidate is qualified for his post.

"Even Lagdameo concedes that Concepcion meets all the qualifications of a punong barangay," Macalintal said.

Last July, Concepcion racked up a total of 865 votes against Lagdameo’s 547.

Concepcion said he never lost "trust and confidence in the judicial system." – Marvin Sy