Ferrer v. Commission On Elections

PARDO, J.:

The case before us is a petition for certiorari under Rule 64, 1997 Rules of Civil Procedure, as amended, to nullify the resolution of the Commission on Elections (Comelec), Second Division, promulgated on March 18, 1999 and resolution en banc , promulgated on July 27, 1999 reversing the decision of the Municipal Trial Court, Talavera, Nueva Ecija and declaring respondent Rafael M. Grospe as the duly elected Punong Barangay of Barangay Bantug Hacienda, Talavera, Nueva Ecija. The facts are as follows: Petitioner Dante B. Ferrer and private respondent Rafael M. Grospe were candidates for the position of Punong Barangay in Barangay Bantug Hacienda, Talavera, Nueva Ecija during the May 12, 1997 barangay elections. The final result of the canvassing was as follows: DANILO B. FERRER - 277 votes RAFAEL M. GROSPE - 275 votes Consequently, the Barangay Board of Canvassers proclaimed petitioner Danilo B. Ferrer as the duly elected Punong Barangay by a margin of two (2) votes.

On May 19, 1997, the private respondent filed with the Municipal Trial Court, Talavera, Nueva Ecija an election protest.1 The protestant prayed for the re-opening of the ballot boxes of Precinct Nos. 21 and 21-A [Barangay Bantug Hacienda had two (2) precincts only] and that the ballots contained therein be recounted. The trial court created a revision committee for the purpose of segregating the ballots contested or claimed by the parties. The results were as follows: Uncontested Ballots RAFAEL GROSPE DANILO FERRER Precinct No. 21 - 168 120 Precinct No. 21-A - 83 48