Thursday, June 26, 2008 Comelec, DILG 7 lawyers say Baquerfo stays as Tudela mayor
IF count by the Commission on Election (Comelec) 7 and written documents of the Department of Interior and Local Government (DILG) 7 are to be followed, Mayor Roger Baquerfo remains to be mayor of the Municipality of Tudela.
“As far as DILG is concerned, based on records of DILG, (Roger) Baquerfo pa (ang mayor),” DILG 7 legal counsel Danilo Almendras told Sun.Star Cebu.
The Cebu Provincial Police Office sent a team of Special Reaction Unit (SRU) to Tudela in to help the local police in case violence erupts in the area.
Comelec 7 Regional Attorney Boy Ocariza confirmed that based on last year’s Comelec countings, Baquerfo won the mayoral post in Tudela.
However, issues surfaced of Demetrio Granda taking over the mayoral post of the town after Granada filed an election protest before the Danao City Regional Trial Court (RTC).
Danao City RTC Judge Edito Enemicio issued the ruling that Granada had the authority to assume the post of Tudela mayor, after a recount was done.
The recount showed that Granada won by a margin of 13 votes.
The DILG, however, said that they have not received a copy of the writ of execution from the Danao City RTC after the Jan. 9 ruling.
“We have not received a writ of execution and we are not aware if there even was a writ issued,” said Almendras.
Alemendras added that the DILG did not receive a directive that Granada would be installed as mayor of Tudela and that he would take his oath of office.
He said that normally, the DILG would be informed of these orders in order to implement them.
Since there were no clear updates on the ruling, Almendras said that they have sent a “request for enlightenment” last Tuesday to Enemicio seeking “guidance” of the
ruling.
“We are seeking enlightenment on the status of the order granting for the motion for execution for appeal at the same time installing him (Granada) as mayor and for him to take his oath of office,” said Almendras.
In order to erase the confusion, Ocariza said Comelec central office has advised the RTC to deliver all ballot boxes to Manila.
“They will resolve everything. They will have a recount and see if the ruling of the RTC was indeed correct,” Ocariza told Sun.Star Cebu.
Meanwhile, as the DILG sent a “request for enlightenment” to Enemicio, they have also asked Granada not to assume office yet until the Danao City RTC sends their reply.
“We have requested Mr. Granada while waiting for the reply from Judge Enemicio on our request for enlightenment of his order, we have requested him not to assume post yet,” said Almendras.
Meanwhile, Supt. Erson Digal, deputy provincial director for operations said the SRU team and the Tudela Police Station are on alert in relation with the conflict between Baquerfo and Granada, who was recognized last Monday by the municipal council and the Association of Barangay Captains as the mayor. (EPB/JST)
