Legazpi City has new mayor

The Commission on Elections (Comelec) proclaimed Michael Victor Imperial yesterday as the city’s duly elected mayor in the May 10, 2004 elections over Mayor Noel Rosal.

In an en banc decision, the Comelec affirmed the resolution of its second division with modification on the number of votes obtained by the contending parties.

The poll body ruled that Imperial won the elections with a margin of 2,188 votes by getting 33,861 votes against Rosal’s 31,673.

In its decision, the Comelec en banc ordered Rosal "to vacate and desist from further performing the functions" of the mayor’s office.

Four Comelec members — Comelec chairman Benjamin Abalos Sr., and Commissioners Resurrection Borra, Florentino Tuason Jr., and Romeo Brawner — voted to affirm the second division’s resolution, while newly appointed Commissioner Rene Sarmiento took no part in the voting.

The Comelec ruling stemmed from a pre-proclamation protest which Imperial filed against Rosal contesting the results in 520 polling precincts, citing miscounting, misreading and/or misappreciation of votes; substitute voting, disenfranchisement of voters, substitution and padding of votes, and other irregularities.

On Aug. 23, 2004, Imperial filed a motion/manifestation so that his protest could proceed, resulting in the second division’s resolution on Nov. 17, 2004 upholding the sufficiency of the poll protest and ordering the delivery of the ballot boxes containing the contested ballots and other election documents to the Comelec for revision purposes.

The recount results led to the Jan. 23, 2005 resolution of the second division proclaiming Imperial winner over Rosal.

Rosal subsequently filed a motion for reconsideration, asking the Comelec en banc to set aside the second division’s resolution.

In its decision yesterday, the Comelec en banc resolved Rosal’s motion for reconsideration with finality, paving the way for Imperial to assume the position of Legazpi City mayor.

Imperial, 33, has served in various elected capacities from Sangguniang Kabataan president to councilor for three terms.

Imperial appealed to Legazpi City residents to unite and set aside political bickerings arising from the 2004 elections so the city could move forward, and to Rosal to accept his defeat graciously.