CEBU, Philippines – Tudela Mayor Rogelio Baquerfo yesterday threatened to have Demetrio Granada arrested if he continues to act as town mayor despite the Commission on Election en banc resolution that nullified a Regional Trial Court decision allowing him to assume the position pending appeal.
Baquerfo said he will now exercise his authority as the legitimate town mayor following the Comelec resolution.
“Ako na gyud siya ipadakop sa polis,” Baquerfo said over dyLA.
Baquerfo, however, believes it will not come to this because he is expecting Granada to abide by the decision of the poll body.
Baquerfo said he will immediately focus on his plans and programs for the municipality which have been stalled for almost two years because of the political impasse.
His lawyer Noel Archival immediately informed the depository bank of the municipal government of the Comelec resolution and prayed that the funds allocated for the municipality will be released so as not to further delay the distribution of basic services and the salaries and wages due to the employees.
Granada may have to refund the municipal government funds he disbursed to pay the salaries of the job order employees he hired. According to Baquerfo, 83 job order employees were illegally hired by Granada when he assumed office almost two years ago.
The Comelec en banc upheld last Tuesday an earlier decision of the first division supporting the legality of Baquerfo’s hanging on to his position despite the lower court decision declaring Granada as the real victor of the May 2007 elections.
The Comelec denied Granada’s motion for reconsideration to have the September 4, 2008 resolution of the Comelec first division reversed.
In the four-page resolution signed by chairman Jose Melo and commissioners Rene Sarmiento, Nicodemo Ferrer, Leonardo Leonida, Lucenito Tagle, Armando Velasco and Elias Yusoph, the Comelec en banc agreed that the lower court’s decision should not be implemented pending appeal because Granada’s lead over Baquerfo during the recount is “not a safe lead”.
Granada won in the election protest against Baquerfo by a slim margin of 13 votes.
RTC Branch 25 judge Edito Enemecio in Danao City ruled in November 12, 2007 that Granada was the real victor in the May 2007 mayoralty race in Tudela and allowed him to assume the position pending appeal.
This prompted Baquerfo to bring the case on certiorari before the Comelec.
But Granada said the battle for the mayorship is not yet over.
This as Granada will file a petition for certiorari before the Supreme Court after the Comelec denied his motion for reconsideration seeking for reversal of their decision.
Meanwhile, Capitol consultant Rory Jon Sepulveda said that the office of the Governor will demand that Baquerfo and Granada respect the decision of the Comelec with regards to their case. — Fred P. Languido, Jessica Ann R. Pareja and Garry B. Lao/BRP (THE FREEMAN)