ACCORDING TO COMELEC: Baquerfo still Tudela mayor

CEBU - The Commission on Elections First Division has asked the court which issued the order in favor of the “sitting and performing” Tudela Mayor Demetrio Granada to stop enforcement of such order.

Comelec First Division presiding Commissioner Rene Sarmiento in his ten-page decision granted the petition for certiorari of “dethroned” Tudela Mayor Rogelio Baquerfo.

It maybe recalled that the Regional Trial Court Branch 25 of Danao City issued an order dated last January 9 granting the motion for execution filed by Granada pending appeal. 

This in effect declared Granada as the mayor of Tudela and nullified the declaration of Baquerfo as mayor after the May 2007 elections.

The Commission however does not find the reasons cited by the court’s January 9 decision as sufficient to warrant the execution of the judgment.

Baquerfo was declared mayor by Comelec in the May 2007 elections with a margin of eight votes against Granada, who later filed an election protest.

During the judicial recount, Granada won by a margin of 13 votes against Baquerfo.

The Commission in its decision promulgated on September 4 said that the court (RTC Branch 25) committed grave abuse of discretion when it issued the January 9, 2008 order considering that there exist no good or special reasons justifying the execution of the appealed November 12, 2007 decision declaring Granada as the duly elected mayor of Tudela.

The Commission reiterated two reasons justifying the execution pending appeal.

First, it must constitute superior circumstances demanding urgency that will out weigh the injury or damage should the losing party secure a reversal of the judgment on appeal and second, be manifest, in the decision sought to be executed that the defeat of the protestee or the victory of the protestant has been clearly established.

“The Commission sees no urgent need to implement the findings of the court a quo considering that the will of the electorate of Tudela, Camotes, Cebu has not been clearly established,” the decision reads.

The decision further reads that the result in the November 12, 2007 decision (that Granada won by 13 votes against Baquerfo) involved only the appreciation of the ballots contested by Granada. Baquerfo’s share of contested ballots was not considered since his (Baquerfo) answer with counter-protest was, as ruled by the court, filed out of time.

“The Commission believes that the said margin of 13 votes is not a safe lead. There is a possibility that the same may be overturned, especially if the ballots contested by the petitioner are taken into consideration and the second requirement has not been met,” the decision reads.

In a news conference, Baquerfo said that when he will be sitting in office, he will be “cleaning up” the municipal hall of Tudela from the mess created by Granada in the past two months.

He said that Granada has been appointing job orders in the municipality, which he considered as illegal because he lacks the authority to do so.

Baquerfo said that he also plans to put on a floating status the department heads that were appointed by Granada since the move violated the Civil Service Law.

He explained that these department heads will not however be fired, but would not be allowed to function as originally appointed.

Baquerfo said that he will be serving the decision on Monday along with some officials of the Department of Interior and Local Government and the police.

Lawyer Jorge John Cane, one of the legal counsels of Granada, said that they have not received a copy of the decision yet from the Comelec.

“If it’s true then we will file a motion for reconsideration. It is quite disturbing how they got an advance copy when there is no official copy yet given to us. We are advising Mayor Granada to remain in office until there is a final ruling on the issue,” Cane said.—/NLQ (THE FREEMAN)