SC voids toss coin victory of
Oriental Mindoro mayor
Written by Benjamin B. Pulta
Saturday, 20 August 2016 00:00
The Daily Tribune
In a full court decision by Clerk of Court Felipa Anama, the tribunal tuned down the petition filed by Marvic Feraren against the Comelec and Salvador R. Py.
Feraren and Py were candidates for the mayoralty post in the municipality of San Teodoro, Oriental Mindoro during the May 13, 2013 elections. After the canvassing of votes, both Feraren and Py tallied 3,236 votes. To break the tie, the parties agreed to a “toss coin,” where Feraren emerged as the winner.
Py, however, filed a election protest before the local court. The RTC rendered a decision declaring Py as the winner by only two votes.
Feraren filed several pleas with the Commission on Elections (Comelec) but did not receive favorable rulings, prompting him to seek redress with the High Court.
In its June 28, 2016 but was released to the media just recently, the High Court upheld the ruling of the Comelec and the lower court. “At the outset, it must be noted that there is sufficient ground to dismiss the petition due to lack of a valid affidavit of service,” the SC said.
“The Comelec correctly affirmed the RTC’s jurisdiction over Py’s election protest after finding that Py substantially complied with the requirement as soon as he received an order from the RTC to make the cash deposit.”
“Feraren’s claim that he was denied of due process is clearly without basis. To require Comelec to reconstitute a new revision committee, as Feraren implies, would be superflous and would only cause unnecessary delay,” the court further said.