The Commission on Elections en banc affirmed its earlier resolution denying the motion for reconsideration filed by Bonbon barangay chairman Eduardo Cabriana against the election protest filed by two-time Bonbon barangay chairman Alexander Ibarita.
In a March 16, 2015 order, acting Comelec chairman Christian Robert Lim declared as “final and executionary” their November 18, 2014 resolution denying Cabriana’s motion since it has been more than 30 days since he received the decision..
“Wherefore, premises considered, the motion for reconsideration is hereby denied,” read the dispositive portion of the earlier resolution.
The order was signed by commissioners Al Parreno, Luie Tito Guia and Arthur Lim. Copies of the order were also sent to President Benigno Simeon Aquino III, the secretary of the Department of Interior and Local Government (DILG), the chairman of the Commission on Audit (COA) and the barangay secretary of Bonbon.
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During the 2013 barangay elections, Cabriana was declared as the winner with 48 votes more than Ibarita who then filed an election protest before the Municipal Trial Court in Cities (MTCC).
MTCC Branch 1 Judge Monalila Tecson ruled that “in sum, after the revision, recount and appreciation of all the contested ballots, the total votes garnered by protestant Ibarita is 1,463 votes as against Cabriana with 1,448 votes.”
The decision was then challenged by Cabriana who filed for an appeal. The Supreme Court en banc issued a resolution last January 15, 2015 dismissing the appeal.
“The court resolved to dismiss the petition for failure to sufficiently show that any grave abuse of discretion was committed by the Commission on Elections in rendering the challenged order and resolution which, on the contrary, appear to be in accord with the facts and applicable law and jurisprudence,” the Supreme Court said.