G.R. No. 142507 - ALFREDO U. MALABAGUIO, VS. THE COMMISSION ON ELECTIONS AND MIRALI MENDOZA-DURR.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered judgment is hereby rendered: a) Setting aside the decision dated April 3, 1998 of the Metropolitan Trial Court, Branch 49 Kalookan City, Metro Manila; b) Declaring protestee-appellant MIRALI MENDOZA-DURR the duly elected Punong Barangay of Barangay 172, Kalookan City, in the May 12, 1997 barangay elections for having garnered the highest number of VALID votes of One Thousand One Hundred Eighty One (1,181) AS against protestant-appellee Alfredo U. Malabaguio who obtained One Thousand One Hundred Twenty Seven (1,127) VALID votes, or a margin of Fifty Four (54) votes over the latter. ACCORDINGLY , the Clerk of the Commission (Second Division) is hereby directed to furnish copies of this Resolution to His Excellency, the President of the Philippines, the Secretary of Interior and Local Government, the Chairman of the Commission on Audit, and the Secretary of the Sangguniang Barangay of Barangay 172, District I, Kalookan City, conformably with the provisions of Section 11 (b), Rule 18 of the Comelec Rules of Procedure and Section 260 of B.P. Blg. 881, otherwise known as the Omnibus Election Code, as amended, until finality hereof. SO ORDERED.