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B. Balingit vs. COMELEC, et al

BARTOLOME BALINGIT, Petitioner, versus COMMISSION ON ELECTIONS and PABLO YAMAT, Respondents.

G.R. No. 170300 | 2007-02-09

D E C I S I O N
 

AUSTRIA-MARTINEZ, J.

Pablo Yamat (Yamat) was declared the elected Punong Barangay of Nigui, Masantol, Pampanga, in the last July 28, 2002 barangay elections, with Yamat obtaining 257 votes, and his opponent, Bartolome Balingit (Balingit), 250 votes.

Balingit filed an election protest with the Municipal Circuit Trial Court (MCTC) of Macabebe-Masantol, Macabebe, Pampanga, alleging fraud in the counting and preparation of the election returns. After revision of the ballots, the tally turned out with Balingit still having 250 votes, while Yamat had 255 votes.

Thereafter, in a Decision dated September 24, 2003, the MCTC...