Alfonso, Cavite — After two years of efforts to resolve the case, the Commission on Elections (Comelec) en banc affirmed a decision of its first division and a lower court which declared Jose “ Joy” D. Penano as the duly elected mayor of this municipality.

A 29-page en banc resolution signed by Comelec Chairman Jose A. R. Melo and five commissioners
affirmed the resolution of the Comelec’s first division and the decision of the Regional Trial Court (RTC).

Both decisions had declared Penano as the winner in the elections. He garnered 10,314 votes, while his rival, Virgilio P. Varias, obtained 10,172 votes. Penano had a margin of 142 votes over Varias.

In its decision, the Comelec en banc stated that the unjustified and continuing occupation by Varias of the mayoral post is based on an erroneous computation of votes, adding it is “an anathema to the concept of free and orderly elections and must, therefore, not be allowed to persist.”

“It is well settled in election jurisprudence that protest cases are imbued with public interest and it neither fair nor just to keep in office for an uncertain period one whose right is under suspicion. In our present situation where one party has already been declared the winner not only by the court a quo also by a division of this Commission, it is imperative that the claims be immediately cleared not only for the benefit of the winner but also for the sake of the public interest,” the resolution also stated.

A copy of the resolution will be furnished the Department of Interior and Local Government and other concerned offices for the enforcement of the en banc decision.

It was recalled that protestee-apellant Varias filed on Dec. 28,2008 an omnibus motion for reconsideration with the Comelec’s first division.