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Decena |
RTC to rule on motion for immediate execution
BULA, CSur-Mayor Benjamin S. Decena won in his reelection bid last May 2004 by a margin of 199 votes over Rolando N. Canet.
Decena garnered a total of 11, 461 votes while Canet had 11,262 votes.
This was the decision handed down only last Friday, February 16, 2007 or less than three months before the next elections by the Regional Trial Court Branch 33 at Pili, Camarines Sur.
The decision was penned by RTC Judge Lore Valencia-Bagalacsa but the promulgation was presided by Executive Judge Rosario Torrecampo since Bagalacsa was on sick leave at that time.
Atty. Adan Botor, counsel for protestant Decena, promptly filed a motion for execution of the order pending appeal while Atty. Katherine Malanyaon, counsel for protestee Canet manifested that her client was appealing the decision.
At the presstime it was not yet clear as to when Decena could assume.
In her decision, Judge Bagalacsa cited that resolution of the election protest was delayed because of the numerous pleadings filed by the protestee before the Commision on Elections and the Supreme Court leaving the Court no option but to await the decision of both tribunals.
Ultimately, the Comelec en banc dismissed the petition of protestee Canet on May 17, 2006.
Decena contested in 131 Bula precincts the election and proclamation of Canet who was declared winner in the 2004 elections by 120 votes over him.
But after the revision of just 33 preferred precincts constituting 25% of the contested precincts, Decena already had a plurality of 199 votes and the counsel for the protestant manifested he was not anymore proceeding with the revision of the remaining 75% of the contested
precincts.
In the clear-cut decision, Judge Bagalacsa explained that the original tallies in the precincts not revised remained undisturbed. In these unrevised precincts which make up 75% of the contested precincts Canet had 8,209 votes while Decena had 8,726 votes.
In the 33 precincts revised, Canet had 3,053 votes which are added to the unrevised total of 8,209 votes for an aggregate of 11,262 votes.
On the other hand, Decena had 2,733 votes in the 33 revised precincts which are added to the unrevised total of 8,726 votes for a grand total of 11,461 votes.
In her decision, Judge Bagalacsa also pointed out that protestant and protestee were each entitled to five members in the revision team and were, upon submission of names to the Court, allowed to assign guards to the ballot boxes.
Revision of ballots was completed as early as October, 2004 but resolution of the case was held in abeyance while awaiting the decisions of the Comelec and the Supreme Court on numerous pleadings by the protestee, Judge Bagalacsa also explained in her decision.
