BANTAYAN Mayor Arthur Despi will not step down just yet.
Although he respects the decision of the Commissions and Elections (Comelec) and the Supreme Court, Despi said he cannot leave his post as mayor because there is a procedure that must be followed.
“I do not believe that Chris (Ian Christopher) Escario is entitled to be proclaimed mayor because he is not duly elected by the people of Bantayan, Cebu,” Despi said.
“My disqualification should be in accordance with law. If I step down now without following the proper procedure, I may be charged with abandonment since I took a solemn oath of office when I assumed the position,” he said.
Wrong basis?
He said that his disqualification by the Comelec is based on Section 74, or on invalid substitution, of the Omnibus Election Code (OEC) and not under Section 78 in relation to Section 74 on the OEC on material misrepresentation.
“Had I been disqualified under Section 78, I would have just stepped down and passed the leadership to Chris Escario because my certificate of candidacy would be void from the beginning,” Despi said.
However, he said he was disqualified under Section 77 so the rightful successor is Vice Mayor Antonio Montemar, under Section 44 of the Local Government Code, and not Escario, whom Despi beat in the election.
Despi said the writ of execution, dated April 24, 2017, is improper because it does not conform to the May 7, 2016 of the Comelec, which says that he is disqualified.
TRO
“The writ of execution directs the proclamation of Chris Escario. How could this be so when the May 7 2016 resolution of the Comelec First Division, and affirmed by the Supreme Court (SC) did not mention any proclamation of Escario?” Despi said.
He said that they are waiting for the SC to issue a temporary restraining order, enjoining Comelec from proclaiming Escario as mayor tomorrow morning.
“Finally, I have to protect the Office of the Mayor of Bantayan… until the time that my rightful successor shall be installed. The next mayor of Bantayan is certainly not Chris Escario,” Despi said.
Escario, for his part, said he was notified that he would be proclaimed by the Special Board of Canvassers tomorrow.