Wednesday, July 16, 2008 DILG won’t recognize order issued by Tudela mayor’s rival; graft case hearing on
THE Department of Interior and Local Government (DILG) said it cannot yet act on the reported suspension of Tudela, Cebu Mayor Rogelio Baquerfo by the Sandiganbayan because they are still waiting for the official orders.
DILG 7 Director Pedro A. Noval Jr. said that once they receive the copy of the Sandiganbayan order, together with the DILG secretary’s order to implement it, they will immediately set the oathtaking of Tudela Vice Mayor Clint Maratas as acting mayor.
“We will immediately serve those orders,” Noval said.
Baquerfo, who is facing an election protest filed by his political opponent, Demetrio Granada, was ordered suspended by the Sandiganbayan for 90 days, while the criminal case arising from a waterworks project is being heard by the anti-graft court.
So he could attend the trial, Granada issued an order appointing Vice Mayor Maratas as the acting mayor.
Noval, however, said that order was illegal because until now, Baquerfo is still the recognized mayor.
Noval received word that the Danao City Regional Trial Court (RTC) could not issue a writ of execution for Granada to take over as mayor of Tudela, because the court has already forwarded all the case documents to the Commission on Elections (Comelec).
When sought for comment, Comelec 7 Director Rey Rene T. Buac said that Baquerfo has appealed his case before the Comelec en banc. Granada has filed, also with the Comelec, a motion to execute the court order declaring him as the real winner in the May 2007 elections.
Buac said that the Comelec will decide on the Baquerfo’s appeal and Granada’s motion at the same time to resolve the case.
‘Grilled’
Meanwhile, Granada waited four hours to be cross-examined on the graft case against Baquerfo. But he only had to answer two questions and remained on the witness stand less than a minute.
“Do you know a certain Gwendolyn Garcia?” asked Baquerfo’s lawyer, Noel Archival. And as soon as he said yes, came the second question: “Who is she?”
“She is the governor of the province of Cebu,” Granada replied.
“That would be all for this witness your honors,” Archival said.
Granada was the first of two witnesses who testified before the Sandiganbayan’s 5th Division yesterday in connection with the graft case against Baquerfo.
During his direct examination the other day, he identified himself as the mayor of Tudela, referring to a recount by the RTC that declared him the winner over Baquerfo, the candidate the Comelec proclaimed in May last year.
Baquerfo, for his part, has refused to give up the post, saying the Department of Interior and Local Government (DILG) still recognizes him as the duly elected mayor of the northern town.
In an interview before the hearing, Archival said his client is scheduled to file a usurpation case against Granada for issuing an order “as if he is the mayor.”
With the two claiming to be the town’s chief executive, people dropped by the RTC Branch 22 yesterday expecting explosive testimony.
Objections
They could only chuckle (a court official had warned that open laughter is a contemptible offense) as Granada, visibly baffled as to why the expected grilling ended after
two queries, walked down from the stand.
Emerito Labajo, the Tudela planning officer, was the second witness called.
He was presented to testify before the court how a waterworks project carried out and funded by the municipal government was turned over to Barangay Puertobello, allegedly without the approval of the municipal council.
Turalba, after stating the purpose of the direct examination, presented Labajo with a document pertaining to the turnover and asked him to identify it.
But before he could respond, Archival stood up and manifested his “continuing objection to the presentation of this witness.”
And when Associate Justice Rolando Jurado asked him to explain his basis, Archival replied: “After he will answer, we will indicate.”
Delegated
Jurado, who presided over the hearing, pressed him.
To which Archival responded: “On the ground, your honor, is that the prosecutor did not state the purpose of the testimony. This witness is not qualified.”
Jurado said the purpose was already stated. But Archival said an “offer” should have been made.
At this, Associate Justice Cristina Cortez-Estrada, the presiding justice of the division, ended the discussion.
During cross-examination, Archival asked Labajo if the turnover of the waterworks system involved the actual giving away of the waterworks project to Barangay Puertobello or merely the delegating of the town’s right to operate and manage the facility.
Labajo expressed his belief that the ownership over the facility was fully transferred to the barangay.
Archival asked for copies of a deed of sale or deed of conveyance and earned a round of objections from the prosecution. (EOB/KNR)
