LEGAZPI CITY – The Supreme Court in an en banc decision has nullified the proclamation of Dr. Rommel Muñoz as the duly-elected mayor of Camalig, Albay.

        According to Atty. Jose Evan, counsel of protestant former Vice Mayor Carlos Baldo, the High Court had nullified Muñoz’ proclamation on the ground that there were 26 questioned election returns that have not yet been canvassed when he was proclaimed mayor by the Municipal Board of Canvassers. Muñoz had a 762, votes lead against Baldo.

        Atty. Romeo Serrano, provincial election officer, confirmed in an interview that Baldo has a pre-proclamation protest filed with the Commission on Elections (Comelec) Manila contesting Muñoz’ assumption to office pending the resolution of his protest, on Jan. 7, 2006, the Supreme Court issued a temporary restraining order (TRO) in favor of Muñoz. But the High Court recently lifted the TRO.

        Before the TRO was issued, the Supreme Court had already ordered the Comelec to form a new board of Canvassers to canvass the remaining 26 election returns that would determine the winner in the May 10, 2004 mayoral race in Camalig town.

        Muñoz was given 15 days to file his motion for reconsideration.

        Under the rule on succession, Vice Mayor Vicente Moyo will automatically assume office as acting mayor until the poll protest is finally resolved. But this will depend on the Supreme Court’s decision on the appeal of Muñoz.

        Atty. Evan said that Muñoz motion for reconsideration may no longer be entertained since all the justices had already signed the decision and it is unlikely for the justices to reverse themselves.