Comelec declares Centena as real winner in Calinog VM polls: Orders Lower Court's Decision reversed, set aside
Centena
From supposedly losing the vice-mayoralty post with a mere 13 votes, former Calinog Mayor Alex Centena is seemingly headed back to his original post with the Commission on Elections (Comelec) now declaring him the true winner. The victory, the Comelec now ruled has been sealed by eight winning ballots in the comebacking mayor's favor.
Albeit found to be victorious in the position of Vice Mayor, Centena if the Comelec decision is to be upheld, will have to occupy the town's highest post. This, following the death of the elected chief executive, Teodoro "Doroy" Lao back in March of this year.
The Comelec's decision was reached in a 42-paged Resolution promulgated by the Second Division. The Order was signed by Presiding Commissioner Nicodemo Ferrer.
"An election, being the embodiment of the popular will, the expression of the sovereign power of the people must be upheld. However, where the facts show that such will has been subverted, the court must not evade its duty of upholding the clear and unmistakable will of the people. This is the crux of the present case…" excerpts of the Comelec Resolution as obtained by The News Today (TNT) went.
At the center of the controversy were contested ballots alleged to be "marked." Centena's political opponent, Salvador Divinagracia Jr. now serving as town mayor argued otherwise saying the questioned ballots were properly appreciated.
The Comelec after validating evidences submitted by both parties found merit on Centena's arguments.
"From the foregoing, a total of twenty (20) votes shall be deducted from the votes of protestee-appellee Salvador Divinagracia Jr., while no deductions shall be made on the votes of protestant-appellant Alex Centena. Likewise, one (1) vote shall be added to the votes of protestee-appellee Salvador Divinagracia Jr. while two (2) votes shall be added to the votes of protestant-appellant Alex Centena, based on the appreciation of the ballots claimed by them," the Comelec ruling went. "To recapitulate, protestant-appellant Alex Centena garnered 8,130 votes while protestee-appellee Salvador Divinagracia Jr. obtained 8,122 votes or a winning margin of 8 votes in favor of the former. Considering that protestant-appellant Alex Centena garnered more votes than protestee-appellee Salvador Divinagracia Jr., there is no dispute that Alex Centena is the duly elected Vice Mayor of the Municipality of Calinog, Iloilo in the 14 May 2007 elections."
As such, the COMELEC declared Centena as rightful winner courtesy of eight winning votes. Further still, Presiding Commissioner Ferrer ordered that the Decision of Branch 24 6th Regional Trial Court Judge Danilo Galvez last December 2007 be reversed and set aside.
Asked for comment, lawyer Roberto Catolico, counsel for Divinagracia, said as soon as the Comelec Order will be received, a Motion for Reconsideration will be filed.
"We have yet to see the Resolution… there is no automatic execution though, since we still have the remedy of appeal which is part of the due process. So definitely, a Motion for Reconsideration will be filed within the stipulated number of days for us," Catolico said who added that his client heard of the development some three days back.
Concurring to the Resolution of Presiding Commissioner Ferrer was Commissioner Lucenito Tagle.