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SC flipflops, reinstates Maliksi as Imus, Cavite mayor

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02:30 PM April 11th, 2013

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April 11th, 2013 02:30 PM

MANILA, Philippines—The Supreme Court on Thursday reinstated Imus, Cavite Mayor Emmanuel Maliksi in effect, reversing its earlier ruling declaring Homer Saquilayan as the duly elected mayor of Imus Cavite.

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In its ruling, the high court granted the motion for reconsideration of Maliksi and remanded the election protest to the Commission on Elections and ordered the Comelec to decrypt printed ballot images and do a recount.

Those who voted to grant Maliksi’s petition were Associate Justices Lucas Bersamin, Presbitero Velasco, Teresita Leonardo De Castro, Arturo Brion, Diosdado Peralta, Jose Perez, Jose Mendoza, Bienvenido Reyes. Perez is the swing vote. He earlier voted in favor of Saquilayan.

Those who voted to deny were Chief Justice Maria Lourdes Sereno, Senior Associate Justices Antonio Carpio, Associate Justices Mariano Del Castillo, Roberto Abad, Martin Villarama and Estela Perlas-Bernabe, Marvic Leonen.

The writ of execution issued by the Comelec against Maliksi is undone, the high court said.

In his appeal, Maliksi pointed that the writ of execution is irregular. Being issued by the Comelec en banc, he said it should be signed by all commissioners. In this case, however, only Comelec Chair Sixto Brillantes Jr. and the Clerk of Court signed the order.

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