Wednesday, August 27, 2008 Shimura, VM get 3-day reprieve By Jujemay G. Awit Sun.Star Staff Reporter
THEY said they will not step down until the next elections in 2010. One thing is for certain, though: Daanbantayan Mayor Sun Shimura and Vice Mayor Ma. Luisa Loot are safe in their positions until Friday.
Engineer Augusto Corro and Dr. Jose de Leon, the winners declared by the Regional Trial Court (RTC) of Bogo City, failed to secure yesterday a writ of execution of judgment pending appeal.
Judge Antonio Marigomen gave Shimura and Loot three days to file a written opposition to Corro and de Leon’s motion that, if granted, will allow them to assume office.
Security was tight at the hearing, with policemen scattered around the Bogo City RTC. There were more policemen than those interested in the hearing—the lawyers and the media.
Bogo City Police Chief Tito Satera said there were 56 policemen in the area, including an augmentation force of 28 headed by Insp. Eunil Avergonzalo. Even off-duty policemen were called.
Satera also sent six policemen to escort Judge Marigomen, who has received threatening text messages since he ruled on Corro and de Leon’s election protest.
Cebu Provincial Police Office Director Carmelo Valmoria, for his part, assured that all was well in Daanbantayan town and Bogo City.
“No protesters from the opposing camps were sighted in Bogo City. The hearing was concluded at 10 a.m. with no untoward incident,” he told reporters.
The recent development has led them to implement a contingency plan. An officer-led platoon of civil disturbance management personnel from the Regional Mobile Group was deployed there at Satera’s disposal.
A team from the Special Reaction Unit (SRU) and additional personnel from a nearby police station were sent to Daanbantayan since Thursday night.
He admitted that the personnel of the CPPO are “overstretched” with augmentation to Daanbantayan, Tudela and Ronda. Tudela and Ronda also have their own political
problems.
Valmoria said he has instructed his personnel to maintain maximum tolerance in dealing with protesters.
Peaceful
At the entrance of the road leading to the RTC, more than 20 City of Bogo Anti-Crime Task Force (CBACTF) were fielded.
“Everybody is happy that the conduct of the hearing was peaceful,” Satera told Sun.Star Cebu after the hearing. He said he was expecting supporters of both camps to face off outside the RTC, but that did not happen.
“We were prepared so that as much as possible, they cannot come close,” said Satera.
Earlier, Shimura and Loot said they discouraged their supporters to attend the hearing in Bogo City. None of the candidates were also present, only their lawyers.
The protestants were represented by lawyer Liza Corro, Augusto’s sister. The protestees were represented by a team headed by Manila-based lawyer Juanito Arcilla, with Shimura and Loot’s lawyer Ricarte Maderazo and Rep. Benhur Salimbangon’s lawyer Delon Urot.
“The fact that the decision was favorable to us definitely, it was an initial triumph for us,” said Atty. Corro.
3 days
Marigomen called for an in-chamber conference, from which reporters were barred. The conference lasted more than an hour.
There was a lot of arguing from both camps, said lawyers Corro and Arcilla.
Arcilla wanted to ask for five days to file an opposition to the motion for issuance of a writ of execution, which Atty. Corro opposed. As a compromise, Judge Marigomen gave them three days to file the opposition.
They key issue is whether a writ of execution should be issued, which would give Augusto and de Leon authority to exercise their powers as town mayor and vice mayor, respectively.
“We have all the good reasons it should be granted. Moreover, the first thing that we mentioned to the court is that a writ of execution of judgment pending appeal has long been recognized by the Supreme Court in a string of cases,” Atty. Corro said.
For Arcilla, however, “there are no good reasons for the court to execute the decision pending appeal because in fact in the very decision rendered by the court, there was a finding that there were irregularities, anomalies in at least 54 precincts and according to the court, anomalies and these irregularities are not attributable to the
protestees.”
Switched?
He was referring to ballots that were reportedly switched, where court personnel who acted on the revision of ballots testified that the ballots were not the same ones they revised.
“How can the court allow protestants in this case who allegedly won in the protest to sit?” asked Arcilla.
The protestees’ lawyers asked that the court instead allow the Commission on Elections (Comelec) to act on Shimura and Loot’s appeal.
Arcilla said they already got a nod from Marigomen on their notice of appeal and the court reportedly ordered for the documents to be sent to Comelec. If this happens, the court will lose jurisdiction over the case.
This is why Shimura and Loot’s camp is asking the court not to issue a writ of execution. “(Was) the victory of the protestants clearly established?” This, Arcilla said, is one of the requirements for the issuance of a writ of execution pending appeal.
“We are quite confident that the judge will listen,” said Arcilla.
‘Fantasies’
When asked if she thinks her brother and de Leon can sit before 2010, Liza said, “I have trust in the judicial system.”
“I would like to remind Shimura and Loot that until the ruling of the court is reversed, I am the duly elected mayor of Daanbantayan and my running mate is the duly elected vice mayor,” Engr. Corro said in a press statement.
“The proclamation of the mother-and-son dynasty as elected officials is still nullified even with the granting of three days’ extension for them to answer our motion for execution of judgment pending appeal.”
“Bahala na sila’g mag-pantasya na sila basta kami ang naglingkod (I don’t care about their fantasies as long as we are the sitting mayor and vice mayor),” was Loot’s reaction.
She said she would rather that her lawyers speak about the court proceedings since she would like to concentrate on her preparation for the Haladaya festival on Saturday.
“The court ruling today is clear proof that the honorable Judge Marigomen is fair in his decisions and is not favoring any party. I will continue to respect the rule of law and
I urge the fake leadership of the mother and son to do the same,” added Augusto.
Clerk of Court Rey Caayon said that Marigomen prefers not to issue statements, despite being publicly maligned for his decision by Shimura and Loot’s supporters.
“That is always the case, in every election protest, the defeated will always react. Naanad naman siya (He is now used to that),” Caayon told reporters. (With MEA)
