Wednesday, August 27, 2008 DILG rules: Baquerfo stays as mayor By Mia E. Abellana Sun.Star Staff Reporter
ROGELIO Baquerfo should stay as Tudela town’s recognized mayor, the Department of Interior and Local Government (DILG) central office ruled.
In the ruling, the DILG also said that the joint resolution of the town council and Association of Barangay Councils (ABC) is not enough for Baquerfo’s rival Demetrio Granada to assume the post as mayor.
In a letter sent to DILG 7 Director Pedro Noval, DILG Undersecretary Austere Panadero said the two bodies nearly violated the rule of separation of powers.
“The (town council) and the (ABC) cannot just arrogate unto themselves a matter which is already within the domain of the court. Hence, the joint resolution recognizing Granada as the legitimate mayor is of no moment and cannot be utilized as a legal justification for Granada to assume office as mayor,” Panadero said in an Aug. 4 letter.
Baquerfo, who was at the Cebu Provincial Police Office (CPPO) yesterday, told reporters that he will send copies of the letter to Granada, Vice Mayor Clint Maratas, the Municipal Council, the ABC and the Sangguniang Kabataan before he resumes his duties as mayor.
“Hopefully, two days from now, my office will be vacated,” Baquerfo said in Bisaya.
Avoid tension
“He (Granada) has been there for two months. At least, naka-enjoy na siya,” Baquerfo added.
Asked what he would do if Granada refused to step down, he said he could no longer allow it.
Baquerfo clarified that he has not stopped functioning as mayor but explained that he preferred to stay away from the town to “avoid tension and bloodshed.”
Panadero, in his letter to Noval, noted that the Regional Trial Court of Danao City declared Granada as winner and granted his motion for execution pending appeal.
Panadero, however, pointed out that the court denied the issuance of the writ of execution pending appeal because it was still premature and records were forwarded to the Commission on Elections (Comelec), which meant the court lost jurisdiction.
“At this point, may we clarify that an order granting the motion for execution pending appeal is different from the writ of execution pending appeal itself. In the normal course of things, the order granting the motion for execution pending appeal will normally come first and that after complying with the conditions set forth therein...the court will then issue another order directing the issuance of the writ of execution pending appeal,” Panadero explained.
Not enough
He added that only the writ of execution pending appeal can give Granada basis to assume as mayor.
Panadero also pointed out that the “direct act of the people” is not enough for Granada to assume the post because they are bound to observe provisions of the Comelec rules of procedure and rules of court in executing court judgments of election cases.
As to the preventive suspension ordered by the Sandiganbayan against Baquerfo, the DILG stated that it has not received an order from the Sandiganbayan to implement it. Panadero said that since Baquerfo filed a motion for reconsideration before the Sandigan-bayan, it stops the implementation.
He explained that if the court denies Baquerfo’s motion, that would be the time when the DILG would be directed to implement the suspension.
CPPO Director Carmelo Valmoria, for his part, said he is yet to discuss the matter with Noval.
He said they will take the position of the DILG since the PNP is a bureau under that department.
He assured there are enough personnel detailed in Tudela to avert any incident that may spring from the latest order.
