CEBU, Philippines - After seeking advice from the Office of the Ombudsman, Poblacion Pardo barangay captain Danilo Lim finally decided yesterday to give up his post to the newly installed barangay chief executive.
Lim, who lost to former first councilman Fermin Dasmariñas in an election protest, said he consulted Assistant Ombudsman Virginia Palanca Santiago who told him to respect the order of the court. Santiago also resides in Pardo.
Last week, Municipal Trial Court in Cities Judge Anatalio Necesario issued a writ of execution implementing an earlier decision declaring Dasmariñas as the real winner in the November 2007 barangay elections.
The writ was implemented last Thursday but Lim refused to honor the order until yesterday, claiming that the lower court has no jurisdiction over the matter. He contended that it is the Commission on Elections which has jurisdiction over the case.
Although he maintains the same position until now, Lim said he decided to allow Dasmariñas to assume for the mean time to avoid political hiatus in the barangay.
“Mo give way ta in the sense nga dunay bag-o nga gi-install nga kapitan para sa kalinaw ug kahapsay,” Lim said.
According to him, he decided to voluntarily step down even if he is contesting the MTCC’s jurisdiction of the case to avoid a situation similar to that of Tudela town where political conflict hampered the delivery of basic services to the people.
He, however, clarified that he would continue with this legal move before the Comelec, hoping to regain his position.
Dasmariñas, on the other hand, changed all the door locks of the barangay hall yesterday after Lim refused to turn over the keys.
The newly installed barangay captain also started issuing memorandum to all 81 barangay employees to tender their courtesy resignation.
Dasmariñas admitted he has his own people whom he said are loyal to him who will fill the positions. The day care teachers, however, will have to stay until the end of the school year, he said
Dasmariñas, who expects a revamp in the committee chairmanship soon, said he would consult his allies in the barangay council what committees do they want to chair.
Meanwhile, the Department of Interior and Local Government can not take further actions on the political conflict between Dasmariñas and Lim.
DILG-7 director Dr. Pedro Noval Jr. said that they have already sent a memorandum to Lim stating that Dasmariñas is the duly elected barangay captain.
Noval said it is now the responsibility of Dasmariñas to take further action against Lim in case the latter would continue to act as barangay captain.
According to Noval, the process is already complete since the court has already issued a writ of execution favoring Dasmariñas.
He said that if Lim would want to question the writ of execution issued by the court, he should file a case but he can not stop Dasmariñas from assuming the post.
Lim’s camp had filed a motion for reconsideration on the court’s ruling but Noval said while Lim waits for the decision, he should give the post to Dasmariñas.
Noval also warned Lim to cease signing documents pertaining to the function now being held by Dasmariñas. - /LPM (THE FREEMAN)