Court orders brgy. chief installed

Wednesday, February 15, 2012

A TRIAL court has declared Dominador Saplad as the “duly elected” captain of Barangay Antipolo in Medellin town, Cebu during the 2010 youth council and village elections.

Saplad defeated Dromero Desabelle, the sitting village captain, by two votes.

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Judge Cornelio Jaca, in his order, said the issuance was deemed ministerial after receiving a notice from the Commission on Elections (Comelec) en banc denying with finality the motion for reconsideration filed by Desabelle.

Desabelle had sought the reversal of the Comelec order that deemed its decision final
and executory.

Jaca, presiding judge of the Municipal Circuit Trial Court Medellin-Daanbantayan-San Remegio, ruled that Saplad won in the elections by two votes.

Desabelle has appealed the lower court’s May 11, 2011 decision before the Comelec and argued that the trial court had no jurisdiction over the election protest.

The Comelec en banc denied the motion for reconsideration of the incumbent captain.

Saplad then filed a motion for execution to formalize his assumption of office.

Judge Jaca issued a writ of execution ousting Desabelle as the village and install Saplad as the duly elected captain.