CEBU, Philippines — The Comelec 2nd Division in Intramuros, Manila has dismissed the instant appeal of a defeated candidate for barangay kagawad (councilman) in Dumaguete due to the latter’s failure to file the Notice of Appeal within the prescribed period.
The case stemmed from the protest filed before the Municipal Trial Court in Cities (MTCC) by then incumbent kagawad Jocelyn Ombos of Taclobo, who lost to Enrique Oira by only two votes for the 7th and last slot for the council.
The court, regarding the protest, however ruled in favor of Oira. Records show that MTCC-Branch 1 Judge Dinah Tabada-Chu ordered the dismissal of the protest filed by Ombos against Oira last June 8, and received by both parties last June 13.
Instead of filing in court a Notice of Appeal, in accordance with the rules on election contests involving elective municipal and barangay officials, Ombos filed instead a motion for reconsideration on June 14, which was eventually denied by the trial court on June 19.
It was only on June 28, that Ombos filed her Notice of Appeal and settled the corresponding court appeal fee.
Considering that a motion for reconsideration is a prohibited pleading, Ombos’ motion for reconsideration did not interrupt the period prescribed by the rules to file a requisite Notice of Appeal.
The court said Ombos only had five days from receipt to file the notice but she only filed it on June 28, or 15 days from receipt of the June 8 MTCC order.
Thus the Comelec 2nd Division resolved to dismiss the instant appeal of Ombos for her failure to file the notice of appeal within the prescribed period. The decision was penned by presiding Commissioner Louietito Guia.