The Commission on Elections second division in Intramuros, Manila has dismissed the instant appeal of a losing candidate for barangay kagawad in Dumaguete due to the failure of the protestant-appellant to file the Notice of Appeal within the prescribed period.
The case stemmed from the protest filed before the Municipal Trial Court in Cities (MTCC) by then incumbent Taclobo barangay Kag. Jocelyn Z. Ombos against newly-elected barangay Kag. Enrique S. Oira which was resolved in the latter’s favor.
Records show that MTCC Branch 1 presiding Judge Dinah B. Tabada-Chu ordered the dismissal of the protest filed by Ombos against Oira on June 8, 2018 and received by both parties on June 13, 2018.
Instead of filing a Notice of Appeal consistent with the rules of procedure in election contests before the courts involving elective municipal and barangay officials and the Comelec Rules of Procedure, Ombos filed a Motion for Reconsideration on June 14, 201`8, which was eventually denied by the trial court in its Order dated June 19, 2018.
It was only on June 28, 2018 that Ombos filed her Notice of Appeal and settled the corresponding court appeal fee.
Considering that a motion fo reconsideration is a prohibited pleading, Ombos’ June 14, 2018 motion for reconsiderataion did not interrupt the period prescribed by the rules to file a requisite Notice of Appeal. It said that Ombos only had five days from receipt to file the said notice but the notice of appeal was filed only on June 28, 2018, fifteen days from receipt of the June 8, 2018 order of the MTCC.
Thus, premises considered the Comelec second division has resolved to dismiss the instant appeal for failure of Ombos to file the notice of appeal within the prescribed period. The decision was penned by presiding commissioner Luietito F. Guia.
Kag. Oira won by only two votes against Ombos who landed in the eight position.
Meanwhile, the camp of newly-elected barangay kagawad of Looc Kag. Sheila Mae Catada awaits a resolution from the MTCC on the recount filed by Anna Marie Larena who lost by only one vote to Catada.
According to Catada in the recount, two more votes were added to her score.