The Commission on Elections en banc has dismissed a motion for reconsideration filed by former mayor Carlo Gamban, and affirmed the ruling of the Comelec First Division upholding the proclamation of Jose Montelibano as the winning mayor of Silay City in the May 2010 polls.
The First Division, in dismissing the election protest of Gamban, earlier said it had been “filed out of time.”
On Jan. 6, 2011, Gamban filed a verified protest contesting the proclamation of Montelibano as mayor of Silay City, Negros Occidental, on May 11, 2010.
Montelibano won with 18,413 votes, or just 10 votes more than Gamban’s 18,403.
The Comelec First Division order said the records are bereft of any proof that Gamban objected when the questioned election returns coming from Clustered Precinct 85 were being canvassed by the Board of Canvassers.
Gamban also failed to manifest his objection to the inclusion of 32 additional voters, it added.
The Comelec First Division said that, considering that the protest was filed on Jan. 6, 2011 while Montelibano was proclaimed on May 11, 2010, the protest must be dismissed for being filed out of time.
The Comelec en banc, in its Sept. 11, 2013 resolution, upheld the First Division’s findings that Gamban filed his protest petition out of time.*CPG