Comelec holds off ruling to install Tudela mayor

The Commission on Elections in Manila has issued an order enjoining the Regional Trial Court based in Danao City from implementing its order directing Tudela mayoralty bet Demetrio Granada to assume his post until the election protest file against him is resolved.

The Comelec’s first division presided by Commissioner Romeo Brawner ruled to grant the petition for a temporary restraining order filed by Granada’s rival mayoralty candidate, Rogelio Baquerfo.

In a two-page order dated last Wednesday, RTC Branch 25 Judge Edito Enemecio was ordered to stop from implementing a decision issued last January 9 declaring Granada the real winner of the mayoralty elections in Tudela last May against Baquerfo and directing him to assume his post.

Initial results showed that Baquer-fo won over Granada in the elections by a margin of only eight votes, Granada filed an election protest before the Danao City-based RTC and a recount had him victorious over Baquerfo by 13 votes.

Granada then filed a motion for exe-cution pending appeal and Enemecio granted the motion and ordered Granada’s immediate ins-tallation as the mayor of Tudela.  This prompted Baquerfo to ask for a TRO before the Comelec in Manila.

Under court rules, Comelec has the power to issue a TRO against the regular courts over election-related cases pending further proceedings.  The Comelec’s order for a TRO against the Danao City-based court is only good for 60 days.  —Rene U. Borromeo/BRP