Saturday, June 28, 2008 Recount ‘winner’ faces case for taking post ‘too early’
A CRIMINAL complaint threatens to blow up Demetrio Granada’s takeover as mayor of Tudela, a town in the Camotes group of islands, even before he can fully assume office.
Rogelio Baquerfo, the man Granada claims to have defeated after a recount of last year’s election results, has filed a criminal complaint for usurpation before the Office of the Cebu Provincial Prosecutor.
Granada earlier announced his takeover and was even recognized as mayor during a joint session of the Tudela Municipal Council and the Association of Barangay Captains (ABC) last June 23.
Recount
ABC president Greman “Jojo” Solante said Granada showed the council a letter stating that he was the winner of the Tudela mayoral post by 21 votes, as shown in a recount.
But Baquerfo dismissed Granada’s purported takeover, saying the Department of Interior and Local Government (DILG) stopped the latter from assuming the post, per a written order.
Moreover, he believes that the ruling is not yet final and executory.
Baquerfo’ s lawyer, Atty. Noel Archival, filed the usurpation complaint yesterday afternoon and attached the single-page affidavit of his client.
“We hope you will find the allegations thereof sufficient to indict Demetrio Granada for the charge,” he said.
Affidavit
In his affidavit, Baquerfo maintained that he is Tudela’s incumbent mayor.
He said he filed a petition for preliminary and mandatory injunction against Granada, whom he defeated during the polls last year, but who got declared as having earned more votes after a recount.
The injunction case remains pending.
DILG order
In the meantime, Baquerfo said he had the DILG issue an order preventing Granada from taking over.
But Baquerfo said Granada went to the Tudela municipal building last June 23 and “forced open one of its offices/rooms particularly the office/room of the mayor’s staff by destroying its lock and padlock.”
Afterwards, he said, Granada occupied the office. Since then, he claimed, Granada has not left. Granada and his people man the office 24 hours a day.
“His act in unlawfully occupying the Office of the Mayor’s staff, as if it is his own, is certainly equivalent to appropriating government property and usurpation of authority and official function,” Baquerfo said.
“This said act is absolutely illegal and unlawful and the same constitutes material and substantial invasion of the right of the undersigned,” he added.
Signing
Moreover, Baquerfo stressed, Granada has began issuing memoranda and orders as the mayor of Tudela. (KNR)
