Friday, November 30, 2007 Magalang mayor says RTC order not yet final By Reynaldo G. Navales
MAGALANG Mayor Lyndon Cunanan said the order of the Regional Trial Court (RTC) proclaiming businessman Romy Pecson as the elected mayor of the town, is "not yet final and executory."
Cunanan issued the statement in reaction to reports that he was unseated from his post following the decision of the RTC Branch 56 in Angeles City declaring as null and void his proclamation as town mayor.
The mayor stressed that he, through his lawyer Francisco Yabut, filed an appeal before the RTC Branch 56 last Wednesday.
Yabut cited Section 11 of the Rules of Procedure in Election Contests, which states, "Execution pending appeal -- On motion of the prevailing party with notice to the adverse party, the court, while still in possession of the original records, may, at its discretion, order the execution of the decision in an election contest before the expiration of the period for appeal."
The lawyer said Cunanan still has 20 working days within which to secure a restraining order.
"If the court grants an execution pending appeal, an aggrieved party shall have 20 working days from notice of the special order within which to secure a restraining order or status quo order from the Supreme Court or the Commission on Elections," he said.
"The corresponding writ of execution shall issue after 20 days, if no restraining order or status quo order is issued. During such period, the writ of execution pending appeal shall be stayed," Yabut said, quoting the rules on election protests.
In her decision dated November 23, RTC Branch 56 Presiding Judge Irin Zenaida Buan ordered Cunanan to "vacate his post and cease and desist from further discharging the duties and functions officially vested in the Office of the Municipal Mayor."
The court issued the decision after it found out that Cunanan had lost in the May 14 elections to Pecson by 1,139 votes.
The RTC also directed Pecson to act, perform and discharge the duties, functions and responsibilities of the town mayor here.
In the recapitulation stipulated in the court order, Pecson obtained 14,897 votes while Cunanan garnered 13,758 votes.
Last May 17, the municipal board of canvassers proclaimed Cunanan as the winning mayoralty candidate with 12,582 votes as against the only 12,518 votes obtained by Pecson -- or a difference of only 64 votes.
