THE First Division of the Commission on Election (Comelec) affirmed the proclamation of Lemar Alcover as the elected barangay chief of Sambag I, Cebu City.
In a 14-page resolution promulgated last Feb. 2, the First Division of Comelec reversed the May 14, 2016 decision of Branch 3 of the Municipal Trial Court in Cities (MTCC) of Cebu City declaring Ma. Ailien Guardo as the winner of the 2013 barangay election in Sambag I.
Guardo filed an election protest after Alcover was declared winner of the 2013 barangay elections, citing violation of election laws.
The MTCC ruled in favor of Guardo after it found out that she garnered 3,052 votes, or a margin of 73 votes over Alcover’s 2,979.
The ruling of the trial court prompted Alcover to appeal the decision before the Comelec in Manila on the ground that MTCC was not able to clearly establish Guardo’s victory.
A revision of votes and inquiry done by the court showed that Guardo won by a margin of 73 votes after she received 3,052 votes.
Alcover, on the other hand, only garnered 2,979 votes.
The latest resolution showed that Alcover won over Guardo with a margin of 204 votes, after Comelec granted all the stray ballots claimed by the latter.
In an interview, Alcover said he was not surprised anymore by the Comelec’s decision.
“I’m no longer surprised because I know and I believe that I was the real winner during that election,” he told SunStar Cebu.
Alcover said the Comelec resolution just proved that they really did not commit any election violation in the last election.
“Despite the election protest, my service to the people of Sambag I did not stop because I have already secured an injunction in court and the Comelec decision is an affirmation,” he said. (RVC)