Comelec unseats Legazpi City mayor, proclaims Imperial winner in 2004 polls

THE Commission on Elections (Comelec) proclaimed on Tuesday Michael Victor Imperial as the duly elected mayor of Legazpi City in the May 10, 2004 elections and unseated Mayor Noel Rosal.
       In an en banc decision, the Comelec affirmed the resolution of the commission’s Second Division with modification on the number of votes obtained by the contending parties.
       The poll body ruled that Imperial won the elections with a margin of 2,188 votes by getting 33,861 votes against the 31,673 garnered by Rosal.
       In its decision, the commission en banc ruled that “the proclamation of protestee [Rosal] is hereby annulled and set aside. Accordingly, the protestee [Rosal] is directed to vacate and desist from further performing the functions of the office of the Mayor of Legazpi City.”
       Four commission members led by Comelec chairman Benjamin Abalos Sr., and Commissioners Resurreccion Z. Borra, Florentino A. Tuason, Jr. and Romeo A. Brawner voted to affirm the Second Division’s resolution while newly appointed commissioner Rene Sarmiento took no part in the voting.
       The poll body’s final resolution of the Legazpi City mayoral contest stemmed from a preproclamation protest docketed as SPC No. 04-1906 filed by Imperial against Rosal in May 24, 2004, contesting the results in 520 precincts citing miscounting, misreading or misappreciation of votes or both, substitute voting, disfranchisement of voters, substitution and padding of votes and other irregularities.
       In August 23, 2004 Imperial filed a motion-manifestation so that his protest could proceed. This resulted in an order issued by the commission’s Second Division on November 17, 2004 which upheld the sufficiency of the election protest and ordered the delivery of the ballot boxes containing the contested ballots and other election documents to the poll body for revision purposes.
       The results of the recount conducted by the poll body led to the January 23, 2005 resolution of the Second Division proclaiming Imperial winner over Rosal.
       This decision prompted protestee Rosal to file a motion for reconsideration asking the commission en banc to set aside the commission’s Second Division ruling promulgated on January 23, 2005 which “declared protestant Michael Victor C. Imperial the winning candidate for Mayor of Legazpi City, Albay in the May 10, 2004 national and local elections.
       The Comelec en banc decision resolved with finality the motion for reconsideration paving the way for Imperial to assume office as Legazpi City Mayor.
       Imperial, 33, has served in various elected capacities from Sangguniang Kabataan (SK) president to councilor for three terms.
       Imperial appealed to Legazpi City residents to unite and set aside the political bickerings of the past elections so that city can move forward under a new, enlightened leadership as he appealed to Mayor Rosal to accept defeat graciously.
       Imperial also thanked his supporters and followers for all the support they have continued to give him in pursuing his election protest.