Friday, October 03, 2008 Comelec First Division orders RTC to ‘cease and desist’ from enforcing order
THE Commission on Elections (Comelec) First Division ordered a Bogo City judge to cease and desist from implementing an order installing Daanbantayan mayoralty bet Augusto “Itok” Corro and vice mayoralty candidate Jose de Leon Jr. to the town’s two top posts.
In a two-page order dated Sept. 29, Commissioner Rene Sarmiento, the division’s presiding commissioner, also ordered Corro, de Leon and Judge Antonio Marigomen of the Regional Trial Court Branch 61 in Bogo City to submit upon receipt of the Comelec ruling their reply on the joint petition for certiorari filed by Daanbantayan Mayor Sun Shimura and his mother Vice Mayor Ma. Luisa Loot.
Marigomen had declared Corro and de Leon the winners in the 2007 elections in an election protest.
Sarmiento, in his order, also scheduled the hearing of the permanent injunction on Oct.29 at 10 a.m. at the Comelec Central Office in Manila.
When sought for comment, Luisa Loot told Sun.Star Cebu last night that they were happy over the ruling, adding that they were actually expecting such decision from the Comelec.
Loot said it was only appropriate for the Comelec to grant their petition since their constituents are convinced that they won in the elections.
She added that they are planning to gather their supporters anytime today to announce the decision.
She also urged Corro and de Leon to “apologize” to the Daanbantayanons for causing inconveniences and sowing “hostilities” in the town.
However, Corro, in a press statement faxed to Sun.Star Cebu, maintained that they will always respect the rule of law and that he will “never place any road blocks on the wheels of justice.”
Corro said that the Loots should also do the same by obeying the rule of law.
“The other side is getting some reprieve from the Comelec with the issuance of a temporary restraining order, which I have always expected to come out in order not to render moot and academic the issues petitioners raised, which understandably they made to appear as serious,” Corro said.
“When the time comes and when the ruling is finally handed down for implementation, will always be ready to serve as the duly elected mayor of Daanbantayan,” said Corro, who considers himself the “duly elected” mayor.
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. (GMD)
