THE Supreme Court has ruled that Generoso “Dodong” Herrera is the duly elected vice mayor of San Ricardo, Southern Leyte.
In a resolution promulgated on October 22, 2013, the High Court held that the Commission on Elections was right when it annulled and set aside the proclamation of petitioner Jovic Mejia.
“After a judicious review of the records, the court resolves to dismiss the instant petition and affirm the . . . resolutions of the [Comelec] for failure of petitioner . . . [Mejia] to show that the Comelec committed grave abuse of discretion when it annulled and set aside his proclamation as vice mayor of San Ricardo, Southern Leyte in the May 2013 elections,” the ruling read.
The court said Mejia had already been excluded as a candidate for the position of vice mayor even before elections, hence, he could not validly be voted for in the polls.
The SC said Herrera, who is also a respondent in the petition, and remained the sole qualified candidate, “should be declared/proclaimed as the duly elected vice mayor of San Ricardo.”
The SC decision opined that “neither did the Comelec err in taking cognizance of the petition to annul petitioner’s proclamation.”