THE Supreme Court (SC) upheld the election victory of a municipal mayor in Oriental Mindoro who lost in a ‘toss coin’ when he and his rival got the same number of votes in an election in 2013.
In a full court ruling, the tribunal dismissed the petition filed by Marvic Feraren against the Commission on Elections 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 garnered the same number of 3,236 votes. To break the tie, the parties agreed to a “toss coin,” where Feraren emerged as the winner.
Py, however, filed an election protest before the local court. The regional trial court rendered a decision declaring Py as the winner by only two votes.
Feraren filed several pleas with the Comelec but did not receive favorable rulings, prompting him to seek redress with the High Court.
In its ruling, 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 superfluous and would only cause unnecessary delay,” the court said.