8/19/2019 Barro vs Comelec digest

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Petitioner Carmelinda C. Barro and private respondent Elpedio P. Continedas, Jr. were candidates for Punong Barangay of Barangay Plaridel, Palompon, Leyte during the October !, ""# synchroni$ed Barangay andSangguniang Kabataan Elections. Petitioner garnered %&" votes, while respondent garnered %'! votes. (he

Barangay Board of Canvassers proclaimed petitioner as the duly elected Punong Barangay , winning by a margin ofonly one vote.

On )ovember &, ""#, private respondent filed an election protest before the *unicipal (rial Court of Palompon,Leyte +trial court , impugning the result of the canvass in two precincts of the barangay.

-fter the revision of ballots, the trial court found that petitioner and respondent both garnered %&% votes. (he trialcourt held that the Protestant and the Protestee received the same number of votes for the position of BarangayChairman of Brgy. Plaridel, Palompon, Leyte, there shall be a drawing of lots and the party favored by luc shall be

proclaimed as the duly/elected Barangay Chairman of Barangay Plaridel, Palompon, Leyte.

Petitioner filed a )otice of -ppeal with the trial court and she stated in her petition that she also paid the appeal feere0uired. (hereafter, the records of the case were forwarded to the CO*ELEC.

On 1ecember %&, ""2, petitioner filed a *otion for 3econsideration of the Order dated )ovember &, ""2. On the

same date, she also posted Postal *oney Order payable to the Cash 1ivision of the CO*ELEC to cover the appealfee. Petitioners motion for reconsideration was denied by the 4irst 1ivision of the CO*ELEC.