ALIAGA, Nueva Ecija – The Commission on Elections and Regional Trial Court clashed over the law that governs recount of ballots on an election protest as the former stopped twice the latter from removing sitting Mayor Elizabeth Vargas in favor of her rival Reynaldo Ordanes.
Vargas declared “business as usual” at the municipal hall on Tuesday amid confusion of residents on who really is their mayor to attend to their needs, especially to sign documents. “It’s an ordinary working day,” Vargas said, over a week after sheriffs from RTC Branch 30 tried to serve a writ of execution which declares Vargas loser in favor of Ordanes by 11 votes in the 2013 mayoralty race.
Vargas, wife of former Mayor Marcial Vargas, was proclaimed winner by the municipal board of canvassers last year, garnering 11,477 votes to Ordanes’ 11,413, or a difference of 64 votes. But RTC Branch 30 Judge Virgilio Caballero voided 72 of Vargas’ votes.
It also ruled that three of Ordanes’ votes, which were rejected by the precinct count optical scan (PCOS) machines, were valid, bringing his vote total to 11,416 while Vargas’ votes were reduced to 11,405 votes after the 72 votes were deducted from her tally, prompting the court to declare Ordanes winner by a plurality of 11 votes.
The ruling was supposed to be immediately implemented but its June 19 writ of execution was withheld on July 15 after the Comelec issued a TRO enjoining it to cease and desist from enforcing its order for a 60-day period. The TRO expired last September 16, prompting the court to issue another order dated September 17 implementing the writ.
In its September 17 order, the court said Vargas has not produced any evidence to defend her position. In the 2nd TRO signed by Chairman Sixto Brillantes, the Comelec said the RTC should not have relied on the 2010 Rules of Procedure in Election Contest before the Courts Involving Elective Municipal Official “particularly Section 6(h), Rule 10 in resolving the merits” of election protest filed by Ordanes against Vargas.
“Emphasis should be given on the fact that the instant case involves the 2013 National and Local Elections hence, the applicable rules should have been Comelec Resolution No. 9765 which effectively modified Section 6(h) Rule 10,” the Comelec said.
But even if the old rule is applicable, according to the Comelec, the judge should not have examined and appreciated the ballots himself. The rule, it added, “clearly provides that any issue as to whether a certain mark or shade is within the threshold shall be determined by using PCOS machine and nit by human determination.”
According to the Comelec, the TRO was issued “in the interest of justice and so as not to raise in the motion moot and academic and the proceedings before this commission a useless exercise.” In a streamer hanging in front of the municipal compound, Vargas ended her message with the words “patuloy na naglilingkod (continuously serving),” to indicate she is still in charge.
The Vargas camp circulated a supposed copy of a TRO issued by the Comelec En Banc enjoining Caballero to cease and desist from enforcing and/ or implementing or continuing to enforce and implement his June 19 issuance of a writ of execution of his decision pending appeal and Ordanes to cease and desist from assuming the post of mayor.
Ordanes’ camp initially dismissed the TRO, saying it was fake since it was signed only by Brillantes and not the commissioners. Ordanes said he would not push himself to the town hall and would rather wait for the final action from the Department of Interior and Local Government for his installation.
