MANILA, Philippines - The second division of the Commission on Elections (Comelec) has affirmed the proclamation of Ernesto Moya as barangay captain of Barangay San Lorenzo, Makati City during the Oct. 25, 2010 barangay polls.
In a 46-page resolution, the Comelec division “dismissed for lack of merit” the appeal filed by Moya’s rival Joshua Santiago who questioned an earlier ruling of the Makati City Metropolitan Trial Court's Branch 63.
Moya’s lawyer, Romulo Macalintal, said Comelec dismissed allegations of cheating by Santiago, who claimed some ballots cast in favor of Moya were ‘written by one or two persons’ and were marked.
“The Comelec agreed with the court’s finding that the alleged markings were not intended by the voters to identify them but mere innocent marks,” he said.
Moya obtained 1,018 votes against Santiago’s 834 votes.