Thursday, 12 April 2012 11:43
Nazif Ahmad B. Abdurahman, the mayor of Simunul, a fourth class and one of the 11 municipalities in Tawi-Tawi, has been ousted from office.
This came about as Regional Trial Court (RTC) Branch 5 Acting Presiding Judge Peter V. Eisma of Bongao, Tawi-Tawi, has issued a five-page Special Order dated April 2, 2012 granting the “motion for execution” of its February 10, 2012 order that “annulled and set aside” Abdurahman's proclamation and declared Benzar N. Tambut as the duly elected mayor of Simunul municipality, Province of Tawi-Tawi.
“Wherefore, judgment is hereby rendered, finding the protestant Benzar N. Tambut as the duly elected Municipal Mayor of the Municipality of Simunul, Province of Tawi-Tawi. The proclamation of the protestee Nazif Ahmad B. Abdurahman as Municipal Mayor of Simunul, Tawi-Tawi in the last May 10, 2012 elections is hereby ANNULED and SET ASIDE,” the Court stated in its February 10, 2012 decision.
The Court issued the order after Tambut, assisted by election lawyer Quirino Esguerra, Jr., has protested Abdurahman's proclamation citing various irregularities allegedly conducted and/or perpetrated by Abdurahman and/or his followers and cohorts during the conduct of the automated national and local elections on May 10, 2010.
Tambut has contested and impugned the results of six of the total 20 clustered precincts for the mayoralty position.
Earlier, Abdurahman was proclaimed as the winner in the mayoralty race having garnered the highest votes casted and canvassed during the May 10, 2010 election with a total of 2,955 votes as compared to Tambut who obtained 2,386 votes, the second highest ranking in the race of six aspirants for mayor.
However, the Court, after the revision and judicial appreciation of ballots, has annulled and set aside Aburahman's proclamation since it found out that Tambut garnered 2,329 votes while Abdurahman garnered a total of 1,933 votes or with a difference of 396 votes.
The Court in its April 2, 2012 decision has cited “public interest” in granting the “motion for execution” filed by Tambut and Esguerra, his legal counsel.
“Public interest involved is beyond doubt that warrants the execution of the decision of this court pending appeal when this court established the true and genuine expression of the will of the electorate of Simunul, Tawi-Tawi, thereby establishing protestant's right to the contested office by declaring him undoubtedly the true and genuine winner with a plurality of Three Hundred Ninety Six (396) votes as manifestly established in the decision promulgated by this Court on February 10, 2012,” the Court said.
“Public interest demands the immediate execution of the decision of the court and to rule against the execution pending appeal is greatly prejudicial to the constituents of Simunul, Tawi-Tawi whose true and genuine winner has been judicially determined by this court,” the Court added. - Press Release
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