DAANBANTAYAN POLITICAL ROW: Judge charged with contempt for issuing writ of execution

CEBU, Philippines - Bogo City Regional Trial Court Judge Antonio Marigomen was charged with contempt before the Commission on Elections for issuing a writ of execution to implement his previous decision that declared Augusto Corro and his running mate Jose de Leon as winners in the May 2007 elections in Daanbantayan even before the decision could become final and executory.

Lawyer Sixto Brillantes, counsel for Mayor Sun Shimura and Vice Mayor Maria Luisa Loot, said he filed the petition for contempt last Wednesday before the Comelec First Division.

Brillantes anchored the complaint on Marigomen’s issuance of a writ of execution of his previous rulings allowing Corro and de Leon to assume pending appeal, explaining the judge erred in issuing the writ knowing that under the rules they still have five days to file a motion for reconsideration.

However, Brillantes said he is willing to withdraw his petition for contempt against Marigomen as soon as he is able to confirm that the latter has recalled the writ.

“It may not be a formal order but okay na sa atin yan,” Brillantes told The FREEMAN.

He added that he will also temporarily withdraw the complaint until Marigomen issues the formal order. “Hindi naman ako mahilig makipag-away,” Brillantes said.

On Wednesday, Marigomen asked the Department of Interior and Local Government to hold in abeyance the implementation of the writ pending the resolution of the motion for reconsideration.

The Comelec First Division on February 19 lifted the preliminary injunction it earlier issued against Marigomen’s order giving way to Corro and de Leon’s assumption. The order however is not yet final because Shimura and Loot are still allowed to file a motion for reconsideration.

But even before the five-day period given to Shimura and Loot to file the necessary motion has lapsed, Marigomen already issued the writ of execution directing the Department of Interior and Local Government to install Corro and de Leon.

Noval however did not implement the order after receiving a copy of the motion for reconsideration and instead sought Marigomen’s guidance on what to do on the matter. In response, the judge sent a letter to Noval holding in abeyance the writ of execution pending the resolution of the motion.

Yesterday afternoon, Shimura received a copy of a letter dated February 25, 2010 from DILG-7 director Pedro Noval addressed to Governor Gwendolyn Garcia, informing the latter that Shimura and Loot are still, respectively, the sitting mayor and vice mayor of Daanbantayan.

Shimura ordered the posting of the copy of the said letter of Noval at the door of each office in the town hall for the information of the public

But in an interview, Corro said that he may have failed to take over the municipal hall of Daanbantayan, but said that he and de Leon are the true mayor and vice mayor of the town.

According to him, Shimura and his mother, Vice Mayor Ma. Luisa Loot, are fake mayor and vice mayor, respectively.

Speaking before residents of Barangay Tapilon, Corro said he is now the mayor of the town as he had already taken his oath before Cebu Regional Trial Court Presiding Judge Geraldine Faith Ycong while de Leon took his oath before Bogo City Mayor Celestino Martinez, Jr.

Corro said their opponents want to delay their assumption but the people of Daanbantayan already know who are their mayor and vice mayor. — Fred P. Languido, Jose P. Sollano, Gregg M. Rubio and Gabriel C. Bonjoc/WAB   (FREEMAN NEWS)