G.R. No. 227797 - FERDINAND V. SEVILLA, VS. COMMISSION ON ELECTIONS AND RANIE B. GUPIT.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the revision of the contested ballots followed. [4] On 30 April 2014, based on its appreciation of the contested ballots, the MCTC rendered a Decision annulling the proclamation of petitioner and declaring private respondent as the duly elected Punong Barangay of Barangay Poblacion, Kitcharao, Agusan del Norte. It ruled that private respondent obtained 464 valid votes, while petitioner received 463 valid votes. [5] It held the following: x x x, this Court finds Protestant Gupit as the winner for the position of Punong Barangay in Barangay Poblacion, Kitcharao, Agusan del Norte, during the October 28, 2013 Barangay Elections, as shown by the Election and Revision Results, thus: Clustered Precinct Number Votes of Protestant Votes of Protestee 4 (7A-8A) 168 135 5 (8B-10A) 132 121 6 (9A) 53 92 7 (11A and 11B) 111 115 Total 464 463 WHEREFORE, Protestant Ranie B. Gupit having obtained the plurality of Four Hundred Sixty Four (464) votes as against the Four Hundred Sixty Three (463) votes of Protestee Ferdinand V. Sevilla, this Court declares Protestant Gupit as the winner for the position of Punong Barangay in Barangay Poblacion, Kitcharao, Agusan del Norte. x x x x SO ORDERED.