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Salvador Divinagracia, Jr. Vs. Commission on Elections and Alex A. Centena

SALVADOR DIVINAGRACIA, JR., Petitioner, versus COMMISSION ON ELECTIONS and ALEX A. CENTENA, Respondents.

G.R. Nos. 186007 & G.R. No. 186016 | 2009-07-27

D E C I S I O N


CARPIO MORALES, J.:

Salvador Divinagracia, Jr. (petitioner) and Alex Centena (private respondent) vied for the vice-mayoralty race in Calinog, Iloilo during the May 14, 2007 Elections wherein petitioner garnered 8,141 votes or 13 votes more than the 8,128 votes received by respondent.

After the proclamation of petitioner as the duly elected vice-mayor on May 16, 2007, private respondent filed with the Regional Trial Court (RTC) of Iloilo City an election protest, docketed as Election Case No. 07-2007, claiming that irregularities attended the appreciation of marked ballots in seven precints.[1]

By Decision of December...