CABANATUAN CITY — An urban village here has new head, months after the October 2023 Barangay and Sangguniang Kabataan elections.
Exequiel Musni was formally installed chairman of Barangay DS Garcia here Tuesday after the Municipal Trial Court in Cities (MTCC) Branch 3 ruled he was the “duly elected punong barangay.”
The court, in its March 14, 2024 ruling ordered Ludivina Salcedo who was proclaimed winner in October to “peacefully turn over the position and office of Punong Barangay” to Musni.
Salcedo was not around when the writ of execution was served on April 16.
Musni was sworn into office by Mayor Myca Elizabeth Vergara.
Records showed Salcedo was proclaimed by the electoral board on Oct. 30 after she supposedly garnered a total of 1488 votes as against Musni’s 1449 votes.
Musni filed a protest alleging fraud and irregularities, including alleged vote buying.
After the revision of ballots, Musni’s camp assailed some issues such as votes written by one person (votes in more than one ballots with similar handwriting patters), written by two persons (votes in single ballot bearing different handwriting), marked ballots, and pattern voting.
“These assertions are consistent with the protestant’s theory of vote buying,” the court said. “Nevertheless, the Court’s ruling after its independent appreciation of the contested ballots, would show that not all objections were sustained.”
The court found Salcedo’s garnered valid votes to be 1,451 while Musni got 1,453, or a difference of two votes in favor of the latter.
Court record showed that Salcedo has assailed the ruling by filing a motion for reconsideration but was denied by the court on March 25.
“More than 20 days lapsed from notice by both the protestant and the protestee of the 25 March 2024 Resolution, and the Court has not received any restraining order or status quo order,” the court said.
Hence, the court, presided by Judge Jesus Torres, commanded the execution of judgment.
