Saturday, December 08, 2007 RTC okays Pecson's win By Dante M. Fabian'
ANGELES CITY -- The Regional Trial Court (RTC) has issued a writ of execution pending appeal in favor of businessman Romy Pecson who was declared as winner in the last mayoralty race in Magalang town.
Judge Irin Zenaida Buan issued the order granting the motion for execution on the court order filed by Pecson through his counsel, Lawyer Ananias "Jun" Canlas, Jr.
"Wherefore, in view of all the foregoing, the Court hereby grants the Protestant's motion for execution pending appeal. Pursuant however to the provisions of Section 11 (b), A.M. No. 07-4-15 SC, the issuance of the corresponding writ of execution pending appeal is hereby stayed for 20 working days from notice or receipt by the protestee of this Order. Serve copies of this Order to Attorneys Ananias Canlas, Jr. and Francisco Yabut ' Buan's," the order stated.
Buan's order cited the "judicial wisdom of the Supreme Court enunciated in the Gahol case and subsequent cases citing it is borne by the recognition that the decision of the trial court in an election case is nothing but the court upholding the mandate of the voter, which has as its source no other than the exercise of the constitutional right to vote."
"While it is true that the protestee can avail of the remedy of appeal before the Comelec, the Court is more convinced that between upholding the mandate of the electorate of Magalang, Pampanga which is the fruit of the exercise of the constitutional right to vote and a procedural remedy, the Court is more inclined to uphold and give effect to and actualize the mandate of the electorate," Buan said.
Buan added public interest and the will of the electorate must be respected and given meaning.
In its decision dated November 23, 2007, the RTC has proclaimed Pecson as the true choice of the people of Magalang. The court also declared the proclamation of Lyndon Cunanan as the elected mayor of the town as "null and void".
The court issued the order after Cunanan lost to Pecson in the town's mayoralty race by 1,139 votes.
In the revision of votes, the court said Pecson had obtained 14,897 votes while Cunanan garnered only 13,758.
Cunanan filed an appeal on the case asking for the reversal of the court order declaring Pecson as the true mayor of the town.
Cunanan earlier said the order of the court is not final and executory since he, through his counsel Lawyer Francisco Yabut, was able to file a notice of appeal before the RTC.
Cunanan cited Section II of the Rules and Procedures in Election Contests which states that "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 of appeal."
Cunanan said he still have 20 working days within which to secure a restraining order.
