Status quo at Sambag 2 despite Comelec order
Even with a favorable court ruling on her case, Maria Ailien Guardo still can’t assume her post as barangay chairperson of Sambag I in Cebu City.
The Commission on Elections (Comelec) issued a writ of preliminary injunction stopping Guardo from replacing incumbent barangay chairman Lemar Alcover.
In his order, Commissioner Lucenito Tagle of the Comelec’s first division said the issues raised by Alcover in his appeal were “very serious.”
Last May 2014, Judge Francis Rainier Navarrete of the Municipal Trial Court in Cities (MTCC) Branch 3 in Cebu City declared Guardo as the winner in last year’s barangay elections in Sambag I.
Guardo ran under Team Rama of reelected Mayor Michael Rama.
A revision of votes and inquiry by the court showed that Guardo won by a margin of 73 votes against Alcover who was earlier proclaimed winner by a margin of 199 votes by the Comelec.
Cease and desist
Alcover contested the court’s ruling before the Comelec, seeking a reversal of the decision.
Last June, the Comelec’s first division issued a Temporary Restraining Order (TRO) to stop Guardo from assuming the post of Sambag I barangay chairman.
The period was extended when an order of preliminary injunction came out last month.
The Comelec ordered the judge to “cease and desist” from implementing its decision declaring Guardo the winner.
Guardo was directed to “cease and desist” from assuming her post pending final resolution of the case.
Alcover has to put up a P25,000 bond to answer for any damages in case he is not entitled to keep the barangay post in the final decision.
Sambag I had 24 clustered precincts and a total of 9,318 voters.
Guardo complained that the election was marred by “irregularities, harassment, threats and intimidation.”
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