Saturday, September 06, 2008 Court grants takeover bid
A LOCAL judge ruled that Engr. Augusto Corro and Dr. Jose de Leon can “immediately” assume their positions as mayor and vice mayor of Daanbantayan town, but Corro is willing to wait to keep tension from rising.
Engr. Corro said he will follow the rules of procedure.
His sister and lawyer Liza Corro acknowledged that Mayor Sun Shimura and Vice Mayor Ma. Luisa Loot have 20 days to secure a temporary restraining order from the Commission on Elections (Comelec).
The order was dated Sept. 1. Bogo City Regional Trial Court (RTC) Judge Antonio Marigomen issued it.
Unless the Comelec stops them, Engr. Corro and de Leon will assume their posts on Sept. 21.
“I hope peace will prevail,” said Corro, amid reports that Shimura and Loot have set up checkpoints and barricaded the municipal hall. He added he will minimize his presence in town to help “lessen tension” there.
Charges
For their part, Shimura and Loot, his mother, plan to file criminal and administrative charges against Marigomen for gross ignorance of the law.
Lawyer Delon Urot, their lawyer, told Sun.Star Cebu that Marigomen may be “ignorant” of the rules of procedure on election protests, or he has deliberately ignored the rules.
Meanwhile, more than 500 members of the Board of Election Inspectors (BEI) in Daanbantayan have reportedly executed affidavits that contest the findings of the RTC Branch 61 that irregularities were committed in their precincts during the May 14, 2007 elections.
Loot said that the sworn statements, mostly of public school teachers, will run counter to the decision that the results in 56 of the 185 precincts named in the petition were questionable.
“It will be the word of the BEI members against the word of the judge. The judge should remember that the switching of the revised ballots happened inside the court,” Loot said.
Judge Marigomen ruled that Engr. Corro and de Leon’s joint motion for execution of judgment pending appeal had merit and that there was “good reason” to grant it.
Reasons
These reasons are: public interest involved or will of the electorate; the shortness of the remaining portion of the term of the contested office; and the length of the time that the election contest has been pending.
Urot, however, said that the judge did not discuss what public interest he had in mind. He also pointed out that while the case was submitted for decision in November 2007, the judge rendered the decision only last month.
“How can he (judge) do that (order Corro and de Leon’s immediate takeover) when under the rule, the protestees (Shimura and Loot) still have 20 days for them to secure a temporary restraining order? This is not (just) ignorance of the law on the part of the judge, but gross ignorance of the law,” Urot said.
Engr. Corro claimed 3,391 votes over Shimura in winning the mayoral post and de Leon claimed 1,311 votes over Loot.
But Engr. Corro alleged that the Loots are now coercing school teachers to sign a prepared affidavit to bolster their defense.
The matter is now with Comelec Manila, he added.
The Corro camp said they will not be intimidated by reports that Sixto Brillantes, the prominent lawyer for the late Fernando Poe Jr. and Sen. Loren Legarda, will personally handle Shimura and Loot’s case. lawyer Juanito Arcilla, a Brillantes associate, handled the case before the Bogo RTC.
Slain friend
Engr. Corro held a press conference yesterday afternoon on this matter. De Leon was not there but his sister Liza and Councilor Hiram Benatiro joined him. Benatiro is a retired colonel who is one of only two successful Corro-backed candidates that made it to the town council.
They were surrounded by allies, including former town vice mayor Mariano Nieve Diaz and Barangay Captains Benardito Luche, Arcenio Luciano and Jose Moreno.
“I would like to assure everyone of a smooth transition of leadership. I pledge to continue to follow the legal process. I am ready to serve the people of Daanbantayan with integrity and goodwill,” Engr. Corro said, reading from a prepared statement.
His voice cracked and he almost shed a tear when he mentioned his best friend Renerio Mongaya “Gogong” Arrogante III, a defeated candidate for councilor who was shot to death last March.
“I would like to thank the people of Daanban-tayan for your continued support. I offer this favorable ruling in honor of our slain party-mate Gogong Arrogante who stood up for truth,” Engr. Corro said. (JGA/EOB)
