Saturday, August 23, 2008 Corro, De Leon ask court to implement order; Shimura, Loot file twin appeals
DAANBANTAYAN mayoralty candidate Augusto “Itok” Corro and vice mayoralty candidate Jose de Leon Jr. yesterday filed a joint motion for execution of judgment before the Regional Trial Court Branch 61, which declared them winners in the May 2007 elections.
“It’s now on record. I am now the mayor of Daanbantayan, Cebu and Jose de Leon is vice mayor. We are now ready to assume office,” Corro said in a press conference.
However, Provincial Election Supervisor Lionel Marco Castillano said that Daanbantayan Mayor Sun Shimura and his mother, Vice Mayor Ma. Luisa Loot, could still seek for remedies to keep their posts.
Both could either secure a temporary restraining order from the Commission on Elections (Comelec) Central Office or a status quo order from the Supreme Court.
Familiar
Castillano explained that the situation in Daanbantayan is similar to that of Tudela, where incumbent Mayor Roger Baquerfo was declared by a court to have lost to Demetrio Granada. But Baquerfo continues to sit as Tudela’s mayor.
Yesterday, the joint motion filed by Corro’s sister, lawyer Liza Corro, came with the 374-page decision penned by Presiding Executive Judge Antonio Marigomen dated Aug. 11, 2008, which also declared as null and void the proclamation of Shimura and Loot as mayor and vice mayor, respectively.
“Accordingly, the proclamation on May 17, 2007 of protestees Shimura and Loot as the duly elected mayor and vice mayor, respectively, of Daanbantayan, Cebu, is hereby annulled and set aside,” read Marigomen’s decision.
During last year’s elections, Shimura had a majority of almost 3,000 votes against Corro. But in the court decision, Corro won by a margin of 3,391 votes. Loot had a majority of almost 5,000 votes against de Leon. But in the court decision, de Leon won by 1,311 votes against Loot.
Corro said he only received by mail yesterday the copy of the joint court decision.
Counted
The ruling said that Corro had a total of 13,915 while Shimura had 10,524 votes. De Leon got 12,903 votes while Loot, the former mayor, got 11,592 votes.
In the joint motion, the newly-declared winners said they are evidently entitled to the execution of the decision, even if Shimura and Loot file an appeal.
Corro said that the execution of judgment pending appeal is expressly provided for in Section 11, Rule 14 of AM 07-4-15-SC, otherwise known as the Rules of Procedure in Election Contests Before the Court Involving Elective Municipal and Barangay Officials.
Corro advised his rival and his mother to peacefully turn over the municipal government to him once the court will issue the execution of judgment.
The Loots, however, believe the venue of the hearing on the poll protest contributed to their “downfall.” Bogo City is a bailiwick of the Martinezes, political foes of Gov. Gwendolyn Garcia, an ally of the Loots.
Ballots
According to a prepared statement of Shimura and Loot read by their legal counsel Ricarte Maderazo, the ballots inside the ballot boxes were tampered with since the
ballots from Daan-bantayan were subjected to revisions by committees composed of court personnel.
“The ballots kept inside the chamber of the judge were no longer the same ballots they subjected to the revision earlier,” the two further said, adding that the court did not appreciate the testimonies of their witnesses.
With this belief, Shimura and Loot will file an appeal before Comelec.
Last Thursday, Maderazo submitted a notice of appeal to RTC Branch 61.
“We entrusted the case to the court because we thought that we can trust the court 101 percent to deliver justice but the changing of the ballots happened inside Judge
Marigomen’s room,” Loot said.
“Bogo...ang lugar sa tikas (the place for cheating),” she added.
Rep. Benhur Salimbangon (Cebu, 4th district) attended the press conference at the Cebu City Marriott Hotel yesterday and supported the Loots.
“As a rookie, I’m trying really hard to change the archaic ways, but...,” said Shimura.
Out of disappointment in Marigo-men’s decision, the Loots also criticized the judge during the press conference.
“Nasayod ko nga dili mi matangtang until 2010 (I’m sure we will not be unseated until 2010),” Loot said.
Aside from Salimbangon, 20 barangay captains stood behind them during the one-hour press conference.
They wore red shirts marked “Asa ang among botos? Ayaw lubaga ang among katungod (Where are our votes? Don’t deprive us of our rights).”
The barangay captains said they all witnessed the canvassing of votes in their barangays and that Shimura and Loot won.
Shimura and Loot said they now fear that their supporters, who were robbed of their votes, may react negatively to the development.
“Kapatyonon nako’g tao (I want to kill someone),” Loot said, eliciting laughter from the media.
But when asked who would be her first victim, she said in jest, “Sorry na lang si Colonel (Vicente) Loot kay siya gyud akong makumotan inig uli (I would have to take this out on my husband).” (EOB/JGA)
