MANILA – The Supreme Court (SC) has dismissed the petition filed by Imus, Cavite Mayor Emmanuel L. Maliksi of the Liberal Party (LP) against his erstwhile rival in the May 2010 mayoralty race, Homer T. Saquilayan.
Voting 8-7, the high court affirmed the Commission on Elections (Comelec) resolutions declaring Saquilayan as the duly-elected Mayor of Imus in 2010.
The high court has also lifted the temporary restraining order (TRO) it had earlier issued in favor of Maliksi that prevented the poll body from unseating him.
"The decision is immediately executory considering that there are only less than 5 months left in Saquilayan's term of office," the high court, through its Public Information Office said.
The Comelec reversed the decision of the Imus Trial Court that annulled Saquilayan's proclamation as mayor.
Maliksi filed a petition with the high court, seeking a reversal of the Comelec ruling.
Maliksi and Saquilayan have both filed their respective certificates of candidacy and will again face off in the 2013 polls for the Imus mayoralty post.
Senior Associate Justice Antonio Carpio penned the ruling, concurred in by Chief Justice Maria Lourdes Sereno, and Associate Justices Mariano Del Castillo, Roberto Abad, Martin Villarama, Jr., Jose Perez, Estela Perlas-Bernabe and Marvic Leonen.
Associate Justice Lucas Bersamin's dissent was joined by Associate Justices Presbitero Velasco, Jr., Teresita Leonardo-De Castro, Arturo Brion, Diosdado Peralta, Jose Mendoza, and Bienvenido Reyes dissented.