CEBU, Philippines - The Commission on Elections has issued a cease and desist order against Maria Ailien Guardo, barring her from assuming as Sambag I, Cebu City barangay captain.
Presiding Commissioner Lucenito N. Tagle said a status quo should be maintained pending final resolution of the petition filed by Lemar Alcover.
While the barangay board of canvassers proclaimed Alcover as winner during the 2013 barangay elections, the Municipal Trial Court in Cities named Guardo the victor and duly elected barangay captain of Sambag I.
“Wherefore, premises considered, the commission hereby issues an injunction order directing Judge Francis Rainier Navarrete…to cease and desist from implementing the special order dated May 26, 2014 and from further proceeding with Election Protest Case,” read the writ of preliminary injunction issued by the Comelec First Division in Manila.
It also ordered “private respondent Guardo to cease and desist from assuming the position as punong barangay of Barangay Sambag 1, Cebu City.”
Guardo filed an election protest after Alcover was declared winner following the barangay elections in 2013, citing violation of election laws for “widespread chaos, harassment, threat and intimidation, other than the election fraud and irregularities, misappreciated votes, votes erroneously not appreciated for the protestant, ballots prepared not by the voter, ballots prepared by only one person or by two different persons, or with making patterns and dagdag-bawas.”
Navarrete said that after the revision of all contested ballots, it was found out that Guardo garnered 3,052 votes, or a margin of 73 votes over Alcover’s 2,979.
Sambag I has 9,318 registered voters and 24 clustered precincts.
In his ruling, Navarrete declared Guardo “the truly elected punong barangay of Sambag I, Cebu City,” and stated that “the proclamation of the protestee (Alcover) for the same office is hereby accordingly annulled.”
Alcover appealed the decision before the Comelec in Manila. In an interview yesterday, Alcover expressed confidence that he is already secure as duly elected barangay captain of Sambag I due to the decision, which came nine months after the elections.
“Karon, dako namong kalipay sa kinabag-an taga Sambag I. At least mahilom na ug maka-concentrate nami sa pagserbisyo sa barangay (Majority of Sambag I residents are happy. We can now concentrate on serving the people),” he told The FREEMAN.
“Dako man akong kompyansa daan kay kahibawo man gyod sila nga naay binuang ilang buhat sa pagpa-recount. Nakita man didto sa akong abogado sa Manila ang mga fake nga balota,” he said.
Meanwhile, Alcover is hoping that the barangay council members would concur with his appointment of a new treasurer so their operation would now be back to normal.
He was particularly concerned over the unpaid salaries of barangay employees and the electric and water bills. (FREEMAN)