CEBU, Philippines - It was ‘losing candidate’ Alexander Ibarita and not the proclaimed barangay captain of Bonbon, Eduardo Cabriana, who won in the October 2013 barangay elections.
This was the decision of the Municipal Trial Court in Cities (MTCC) following a recount of the ballots from the barangay. The court said Ibarita won over Cabriana by 15 votes.
“The Protestant (Ibarita) is hereby proclaimed the winner and duly elected Punong Barangay of barangay Bonbon during the barangay election last October 28, 2013, having won by a margin of 15 votes as counted,†the decision reads.
MTCC Judge Monalila Tecson said Ibarita got 1,463 while Cabriana got 1,448 votes after the revision, recount and appreciation of all the contested ballots.
“Willing ko mubalik og serbisyo for my last term (I am willing to return to service for my last term),†Ibarita told reporters.
Cabriana is set to file a motion for reconsideration.
On the alleged marked ballots, the court ruled that no ballot shall be rejected as marked unless clear and sufficient reasons justify the rejection.
“Any doubt should always be resolved in favor of the validity of the ballot, so as to respect the will of the voter,†the court’s decision reads further.
Based on the official result during the Barangay Elections on October 28, 2013, Cabriana garnered 1,431 votes while Ibarita, an ally of Team Rama, only had 1,383 votes – a margin of 48 votes. Barangay Borbon has 2,814 total number of votes cast.
On November 7, 2013, Ibarita filed an election protest before the court, days before Cabriana was proclaimed on October 9, 2013 by the Barangay Board of Canvassers (BBOC).
Ibarita’s complaint stemmed from “the counting and appreciation of votes where various Board of Election Tellers illegally and improperly appreciated the votes.â€
This, he said, was a vio-lation under Section 211 of the Omnibus Election Code. — (FREEMAN)