Saturday, September 13, 2008 No Corro-de Leon takeover: Loots
THERE will be no takeover anytime soon by Engr. Augusto Corro and Dr. Jose de Leon, said Ricarte Maderazo, lawyer for Daanbantayan Mayor Sun Shimura and Vice Mayor Ma. Luisa Loot.
Lawyers Maderazo and Delon Urot attended a hearing on their motion for reconsideration yesterday morning at the Bogo City Regional Trial Court (RTC) Branch 61. As promised, lawyer Liza Corro, counsel for Corro and de Leon, did not attend the hearing.
“There is no way the writ of execution can be implemented. They cannot take over anytime soon,” he told Sun.Star Cebu immediately after the chamber conference with Judge Antonio Marigomen.
In making his argument in court, Maderazo used the same Supreme Court ruling that Liza used in her letter to Judge Marigomen, informing him that she would not attend yesterday’s hearing.
Corro has said that the court already lost jurisdiction over the case. Supporting her stance is a Supreme Court (SC) decision in Javier E. Zacate versus the Commission on Elections (Comelec) and Thelma C. Baldado.
Shimura and Loot presented the same argument. Maderazo said he furnished Judge Marigomen a copy of the SC ruling in the Zacate versus Comelec and Baldado case.
Part of the ruling reads: “Discretionary execution is thus barred when the trial court loses jurisdiction and this occurs when all of the parties have filed their respective appeals or when the period to appeal has lapsed for those who did not file their appeals and when the court is no longer in possession of the records of the case.”
Ministerial
But according to Liza’s letter, the RTC did not lose its “ministerial and administrative functions” such as the issuance of a writ of execution that will allow Corro and de Leon to assume office.
Maderazo disagreed, saying that when the court lost its jurisdiction over the case, it lost all functions. He also submitted to the court a copy of the new rules of court.
“There is no basis to issue a writ of execution,” said Maderazo.
A writ of execution is supposed to be issued if Shimura and Loot fail to secure a temporary restraining order (TRO) from Comelec Manila 20 days after Judge Marigomen granted Corro and de Leon’s joint motion for execution pending appeal. Marigomen’s order was dated Sept. 1.
Marigomen still has to resolve the Shimura-Loot motion for reconsideration of his order.
Engr. Corro claimed he won 3,391 votes over Shimura in the mayoral elections of May 2007, and de Leon claimed 1,311 votes over Loot.
Shimura was declared the winner in the 2007 elections with more than 15,000 votes compared to Corro’s more than 13,000 votes. Loot, Shimura’s mother, was also declared the town vice mayor with more than 16,500 votes against de Leon’s almost 13,000 votes.
Corro earlier promised he will not take over in haste, or at least until Shimura and Loot exhaust their 20-day period to secure a restraining order. (JGA)
