Verification of signatures is premature, says lawyer

Saturday, February 11, 2012

THE lawyer of Danao City Mayor Ramon “Boy” Durano Jr. maintained that the verification of signatures or thumbmarks set by City Election Officer Ian Dominic Marigomen tomorrow, Feb. 13, is premature.

Atty. Gloria Lastimosa-Dalawampu said the pre-verification conference called by Marigomen last Feb. 8 and the verification process on Feb. 13 are premature, and must be set aside.

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The petition to recall Mayor Boy was filed by his brother, Vice Mayor Ramon “Nito” Durano III and Councilors John Cane, Cynthia Duterte, Alejandro Lawas, Jose Thaddeus Roble, Ivy Meca, Ramonette Mahinay, Juvelina Enriquez, Marilou Flores, Roland Peres and Miguel Antonio Magpale.

Dalawampu said that they have filed a petition for certiorari before the Supreme Court last Dec. 29 questioning the act of the Commission on Elections in favoring the recall election against the mayor.

She said they have not received any decision or resolution on the matter so that any order of Marigomen to proceed with the pre-verification conference and the verification of signatures or thumbmarks are presumptuous, irregular and illegal, hence void.

Cane submitted an opposition to Dalawampu’s motion to set aside the verification proceedings because the Supreme Court (SC) already dismissed Mayor Boy’s petition for certiorari as per resolution last Jan. 17. He attached the notice of resolution signed by SC Clerk of Court Enriqueta Vidal.

In reaction, Dalawampu filed comments questioning the capacity of Cane to practice his profession before the Comelec.

“If petitioner (Vice Mayor Nito and city councilors) had been served the aforesaid order (SC resolution), so be it but herein respondent (Mayor Boy) has not been served yet. And, Atty. Cane cannot take the place of the Supreme Court in serving respondent a copy of the Supreme Court resolution,” read Dalawampu’s comment.

She said even if there is an SC resolution, it is not immediately final and executory.

Despite Dalawampu’s manifestation, Marigomen conducted a pre-verification conference at his office in Danao City last Feb. 8, and told the media that the verification will push through tomorrow.

Marigomen ordered both parties to submit a list of 10 names of their representatives who will act as watchers during the verification proceedings.