BY BEHN FER. HORTALEZA .JR.
M
ANAOAG – A barangay captain in this pilgrimage town may need a major miracle to keep his post after the second division of the Commission on Election disqualified him from occupying it.

Barangay Chairman Pedro Sales, Jr. of Lipit Norte found himself stripped of the right as barangay chief when the Comelec gave due course to a petition filed by his political rival, Engr. Teofilo Manipon with the election body against him for violation of the Election Code.

Manipon alleged in his petition that Sales’ was not qualified to run or occupy the barangay captain’s position because he had already served three consecutive terms as such official since he first ran and won in the barangay elections of 1994, 1997 and 2002 consecutively.

Manipon said Sales’ candidacy and eventual victory in the barangay elections held last year was void as he was already barred from the running after having finished the mandatory consecutive three-term limit.

Sales had argued in a reply to the poll body that his first term in 1994 was cut short the following year when he ran as a substitute candidate for mayor in place of his father, former Mayor Pedro Sales Sr. In that contest, he lost.

The barangay chairman claimed in his counter-petition that his first win in 1994 should not be counted in determining the actual effective total terms of office he has served.

This was however not recognized by the Comelec second division.

Sales may still file a motion for reconsideration with the poll body which action will send the case to the Comelec en banc for decision, according to Provincial Elections Office Reddy Balarbar.

Balarbar concurred with the Comelec second division’s ruling on the Sales case, saying elective officials are considered resigned when they run for a higher office.

Under the law, Balarbar added the resigned elected official is considered as having already served a full term.

Manipon, the petitioner, meanwhile has filed a quo warrant pleading with the municipal trial court seeking judicial ruling on his desire to be declared Sales’ successor to the post, following the Comelec division’s favorable decision on his petition.