Two of that year’s mayoral candidates are now holding office at the municipal building.
This came after the Commission on Elections (Comelec) proclaimed former mayor Raymond Espidol as the duly elected mayor of this town in a second re-canvassing of contested election returns conducted by a new set of municipal board of canvassers (MBOC) at the Comelec main headquarters in Intramuros, Manila last Tuesday.
The "ousted" mayor, Wilfredo Tabag, however, continued to hold on to his post, saying he would only vacate it if his rival could present a writ of execution from the poll body, or if the Department of the Interior and Local Government orders him to step down.
Tabag said his rival’s proclamation by the new MBOC composed of Manila-based Comelec lawyers, and his eventual oath-taking were not enough grounds to unseat him.
Lawyers for Espidol, however, said Tabag’s argument no longer holds water as his proclamation and eventual assumption into office last year were already voided by the Comelec en banc last April 12, which paved the way for the second re-canvassing of the elections returns.
"He (Tabag) has no legal right to say that since his proclamation was annulled by the (Comelec) en banc. He was not able to show a SC (Supreme Court) TRO (temporary restraining order) to stop the re-canvassing where I was eventually proclaimed," Espidol said.
Espidol said that their case does not need a writ of execution for him to assume office, as he was already proclaimed the winning mayoral candidate by the new MBOC.
But the defiant Tabag said he should also await the decision of the SC where his camp filed a petition for a status quo ante with TRO to prevent Espidol from assuming the mayoralty post.
As a result, Tabag is now occupying the office of the Sangguniang Bayan session hall, vowing to remain as mayor until a Comelec-issued writ of execution or a DILG order enjoining him to yield his post arrives.
On the other hand, Espidol, who has moved to the mayor’s office, also issued a memorandum stating he is now the lawful town mayor and that all official transactions involving the municipal government must have his imprimatur.
In the re-canvassing of 41 contested election returns, Espidol came out ahead with 8,366 votes as against Tabag’s 6,436 votes.
This was a complete reversal of the result when Tabag was proclaimed in July last year by the old MBOC led by lawyer Jerbee Cortez, city election officer of Santiago City, wherein Tabag won with 8,228 votes as against Espidol’s 6,916 votes.
The second re-canvassing came after the Comelec first division declared Tabag’s win and proclamation illegal, describing the first re-canvassing conducted by the old MBOC as "totally spurious, grossly substituted and clearly manufactured election returns."
The first division resolution, penned by Comelec Commissioner Resurreccion Borra, which was later affirmed by the Comelec en banc, also ordered another re-canvassing of the contested election returns to determine the real winner in the 2004 elections.