Sunday, December 09, 2007 El Salvador battle shifting to Comelec By Lizanilla J. Amarga
THE lawyer for former barangay chairman Nilo Pates said they are filing a motion before the Commission on Elections (Comelec) to lift the Temporary Restraining Order (TRO) granted to the camp of embattled El Salvador Mayor Emelita Almirante recently.
In a radio interview Pates's lawyer, Boy Labuntog, confirmed that they will initiate a motion of certiorari for this purpose. "If that fails, we may seek legal redress before the Supreme Court," Labuntog said.
Almirante's lawyers also said they are waiting word from Pates's camp before planning their own legal moves.
Pates was previously ordered by the First Division of the Comelec-Manila to "cease and desist" from acting as mayor of El Salvador City, Misamis Oriental.
It has also ordered Regional Trial Court Branch 41 presiding Judge Jeoffre Acebido to "cease and desist" from implementing his decision declaring that it was actually Pates who won the May 14, 2005 mayoral race in El Salvador City and not reelectionist City Mayor Emelita Almirante.
Comelec presiding commissioner Resurrecion Borra together with Comelec commissioners Romeo Brawner and Moslemen Macarambon just last Wednesday issued their two-page TRO against Pates and Judge Acebido.
"In the interest of justice and so as not to render the issues raised therein moot and academic and the proceedings before this Commission a useless exercise, a temporary restraining order is hereby issued, effective immediately, for 60 days unless sooner revoked," the decision dated December 5 reads.
Another separate order was issued by Borra requesting a bailiff from their ranks to be designated to personally deliver the TRO to Acebido, Pates and to all parties concerned at the expense of Almirante.
This after Almirante's legal counsel, Jerry Pacuribot, wrote Borra a letter for such a request and that this letter was found to be "well taken and in order."
Earlier, Almirante and Pates locked horns for the mayoral post during the May 14 Elections.
Almirante won against Pates by over 211 votes but Pates hired the services of lawyer Wilfredo Labuntog and slapped the lady mayor with an election protest, which was raffled off to Acebido's sala.
Judge Acebido ruled in favor of Pates in a 52-page decision, saying that Pates gathered a plurality of 52 votes against Almirante and thus is the true winner of the May 14, 2007 Elections.
The presiding judge however denied Pates's claims for damages and attorneys' fees for "lack of evidence" while the cost of the protest was ordered to be paid by Almirante.
Pates moved for an execution of Acebido's order and was recently installed into office last month.
But Almirante got hold of the services of Pacuribot who seasonably filed a Petition for Certiorari and Prohibition with prayer for the issuance of a restraining order or Status Quo Order last November 22, 2007.
The Comelec-First Division has ordered Pates's camp to answer the petition within 10 days. The prescribed period lapsed last December 3.
First hearing will be on December 19, 10 a.m. at the Comelec Session Hall, 8th Floor Palacio del Gobernador, Intramuros, Manila.
