COMELEC DISQUALIFIES BANTAYAN’S MAYOR DESPI, DECLARES ESCARIO AS WINNER

A technicality in a standard election form has cost Arthur Despi the mayorship of Bantayan town. The Commission on Elections (Comelec) is expected to proclaim Ian Christopher Escario as the mayor, instead, on Monday morning in Manila. Despi, however, said he will consult his lawyer on what to do next. Two days before last year’s elections, the Comelec First Division cancelled Despi’s certificate of candidacy, saying he was not qualified to replace Jose Caracena as the Abag-Promdi party’s candidate for mayor. Despi asked the poll body to reconsider, but it denied his motion. The case rests on Escario’s complaint that Despi had fabricated his certificate of nomination and acceptance. Cebu Provincial Election Supervisor Lionel Marco Castillano said that Despi brought the matter to the Supreme Court but was denied.

Bantayan Mayor Arthur Despi has been disqualified over a technicality in his certificate of nomination and acceptance (Cona).

As a result, the Commission on Elections (Comelec) declared Ian Christopher Escario the winner in last May's mayoral election with 12,423 votes.

The Comelec Central Office is expected to make the official proclamation at 10 a.m. on Monday.

When sought for comment, Despi said he will consult his lawyer first.

“I am on my way to Cebu City. I will discuss the matter with my lawyer,” said Despi in a text message to Superbalita Cebu yesterday.

Escario filed a petition against Despi last Dec. 11, 2015 asking Comelec to cancel the certificate of candidacy (COC) of the latter after he allegedly fabricated his Cona, which was issued by Abag-Promdi (Progressive Movement for the Devolution of Initiatives).

In his Cona, Despi said that Oscar Canton, the party's secretary general, took oath before Judge Romeo Bulatano. This was later found out to be untrue.

Writ of execution

Canton also denied issuing the Cona for Despi.

Last May 7, 2016, Comelec First Division released a resolution, canceling Despi's COC because he was not qualified to replace Jose Caracena as the official candidate of Abag-Promdi for the mayoral post of Bantayan.

Despi filed a motion for reconsideration (MR). The Comelec en banc denied it, and upheld the earlier decision of the First Division.

Cebu Provincial Election Supervisor Lionel Marco Castillano said Despi brought the matter to the Supreme Court (SC), only to be denied. The SC decision was final. Escario also filed a petition, asking Comelec to implement the decision that recognizes him as the real winner.

Last week, Comelec issued a writ of execution directing Bantayan Election Officer Jose Dennie Demecillo to serve the decision to both camps.

Castillano said he is hopeful that Despi's camp will respect the decision because his candidacy was never valid after his COC was canceled.

“We must respect the decision of the Comelec because it was already reviewed by the SC,” he said.