G.R. NO. 166032 - ELENITA I. BALAJONDA, VS. COMMISSION ON ELECTIONS (FIRST DIVISION) AND MARICEL S. FRANCISCO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, the Protest filed by Maricel Susano Francisco is hereby DENIED. The proclamation of Elenita I. Balajonda as the duly proclaimed Barangay Captain of Barangay Sta. Monica, Quezon City during the 15 July 2002 Barangay Election is hereby upheld. [8] Francisco appealed the MeTC Decision to the Commission on Elections (COMELEC). In a Resolution [9] promulgated on 2 February 2004, the COMELEC First Division reversed the MeTC, finding that Francisco won over Balajonda by one hundred eleven (111) votes. The COMELEC First Division thus annulled the proclamation of 0Balajonda, and declared in her stead Francisco as the duly elected Barangay Chairman. The dispositive portion of the Resolution reads: WHEREFORE, in view of the foregoing, the Commission (FIRST DIVISION) GRANTS the Appeal. The decision of the Metropolitan Trial Court of Quezon City, Branch 35 is hereby SET ASIDE. The proclamation of ELENITA BALAJONDA as Punong Barangay of said Barangay is ANNULLED. Protestant MARICEL FRANCISCO is hereby declared the duly elected Punong Barangay of Barangay Sta. Monica, Novaliches City. ACCORDINGLY, the Commission (FIRST DIVISION) hereby ORDERS: 1. Protestee ELENITA Baby BALAJONDA to VACATE the post of Punong Barangay of Sta. Monica, Novaliches City in favor of MARICEL SUSANO FRANCISCO and to CEASE and DESIST from performing the functions attached to said office. No pronouncement as to costs. SO ORDERED.