Who is the rightful Sabangan vice mayor?

Who is the rightful Sabangan vice mayor?
By Gabriel Moguet

Sabangan, Mtn. Prov.— The vice mayoralty contest here between an ex-cop and an ex-army man is not yet over after more than a year since the May 14, 2007 national and local elections.
As per record of the office of the election registrar, Sabangan, Mtn. Prov., Avelino Omaweng Tolean, a retired police investigator, garnered a total of 2,137 votes winning the vice mayoralty seat by just one vote against his rival, Joseph Bernardez, a former scout ranger of the Philippine army and who served here as councilor for three consecutive terms.
Nine days after the proclamation of the winning candidates, Bernardez filed a petition with the Regional Trial Court on May 24 alleging fraud and misappreciation of ballots in nine precincts. Through affidavits, his witnesses alleged that some ballots were not credited in his name despite the “as long as it sounds” COMELEC rule.
Another witness alleged that one spurious ballot at Precinct 15A, Barangay Gayang, was credited in favor of his opponent and at precinct 10A, sitio Legleg, Barangay Camatagan, five dead people got resurrected to cast their votes and seven votes were cast by substitutes for voters who were out of the country.
The RTC then formed a revision committee chaired by Atty. Romualdo Awisan and issued a subpoena for the nine ballot boxes to be counted again.
According to the proclaimed and incumbent vice mayor, Avelino Tolean, the alleged result of the recount turned out to be a tie because three votes were deducted from his 2,137 votes making it 2,134, however, two votes were also deducted from the total votes of his rival which is 2,136 making it also 2,134. The battle now is in the courtroom of Judge Agapito K. Laoagan Jr. of the RTC, Branch 64, of Buguias, Benguet who was appointed by the Supreme Court to handle the case in lieu of Judge Joseph Patna-an who inhibited himself being a native of Sabangan, Mtn. Prov. and a voter also in the municipality.
“It is funny now because both of us have the same moves through our counsels to pray of the court for consideration and non-consideration of our deducted votes. As to the result, it will be up to the court and I hope that it won’t reach the Supreme Court. As of now there are two vice mayors in this town, me and my lawyer because he gets half of my monthly salary,” Tolean jokingly added.**