CEBU, Philippines - She may have been proclaimed winner by the court, but Barangay Captain Esther Concha of Calamba, Cebu City still cannot assume office after the court reversed the Writ of Execution earlier issued.
Judge Monalila Tecson of Municipal Trial Court in Cities (MTCC) Branch 1 granted the motion filed by the camp of Victor Quijano asking for reconsideration on her ruling for the issuance of the writ of execution.
Tecson earlier issued a Writ of Execution last February 28 after Concha asked the court for the issuance of the said order so she can assume office.
Lawyer Carlo Fortuna, counsel of Quijano, told The FREEMAN that the court granted their motion for reconsideration because it has no residual jurisdiction.
“At the time she issued her special order on February 28, 2012, the original records of the case were already transmitted to the Comelec on Feb. 21,” he said.
Fortuna explained that in order for the court to exercise its residual jurisdiction pending appeal, the court must comply with two requirements “the order must be issued before the period to appeal expires and it still has with it, the original records of the case.”
However, he said the second requirement was no longer present.
Fortuna said the court’s Writ of Execution was already invalid.
“As it now stands, my client was proclaimed and elected as winner by the board of canvassers. Ma’am Concha is a presumptive winner of the court so we will have to wait who among the two are the real winners that will be decided by the Comelec,” he said.
He added “it must be noted that in the decision, the court found no evidence of irregularity or fraud during the counting which is why we believe that the different results in the revision could possibly be a result of a post electoral fraud.”
Concha was declared to have won by 39 votes over Quijano.
Meanwhile, the camp of Quijano filed an appeal before the Comelec en Banc seeking for the reversal of court’s ruling proclaiming Concha as winner. (FREEMAN)