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Friday, April 29, 2005
Village chief retakes post; challenger won't leave
By Aurea A. Gerundio
DAVAO CITY -- Celso A. Tizon on Thursday reassumed office as chair of Barangay 76-A in Bucana, Davao City even as Robert E. Olanolan refuses to leave the post.
Tizon issued a notice to Olanolan that says he is reassuming the post as barangay captain effective Thursday.
The Supreme Court (SC) en banc earlier dismissed Olanolan's petition seeking reconsideration on Commission on Elections (Comelec) decision declaring Tizon as the winner and recalling its the status quo order issued on November 9 last year.
Tizon said Olanolan's secretary refused to receive the notice.
"Since wala si Olanolan sa (is not in the) barangay hall, I gave the notice to the barangay secretary pero hindi tinanggap (but it was not received)," Tizon said, adding that he will just mail the notice to Olanolan.
Olanolan, on the other hand, said he will not acknowledge the notice issued by Tizon.
But City Administrator Wendel E. Avisado said the City Government already recognized the assumption of Tizon as the chair of Barangay 76-A.
He said any request for disbursement by the barangay will not be honored, unless signed by Tizon.
"The City Government has ceased to recognize Olanolan as chair of Barangay 76-A. There was already an instruction given to the accounting office that any disbursements of funds at the barangay should be admitted only by Tizon being the duly elected barangay chairman," Avisado said.
Olanolan is still insisting on a writ of execution of the SC decision even with the recall of the Comelec status quo order.
Earlier reports, however, said the City Legal Office (CLO) recognized Tizon as Barangay 76-A chair.
City Attorney Melchor V. Quitain said the recall order for Olanolan is "immediately executory," which only means he just has to pack up and go.
Quitain also believes the Department of Interior and Local Government (DILG) will be the one to execute the recall order.
Since the DILG considered the previous status quo order as immediately executory, Quitain added it stands to reason and logic also for the department to "treat and consider the recall order of the SC incorporated in its March 31, 2005 decision as immediately executory."
Quitain said the status quo ante order is akin to a writ of preliminary injunction, which is immediately executory, and its recall is likened to the dissolution of a writ of preliminary injunction, which is also immediately executory.
The DILG 11, meanwhile, referred the case of Barangay 76-A to the City Government's executive department for actions.
(April 29, 2005 issue)
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