Baquerfo stays as Tudela mayor

CEBU, Philippines - The Commission on Elections en banc upheld an earlier decision of the First Division that supports the legality of Mayor Rogelio Baquerfo’s hanging on to his position despite a Regional Trial Court decision that declared his political rival Demetrio Granada as the real victor in the May 2007 elections.

The poll body denied Granada’s motion for reconsideration seeking the reversal of the September 4, 2008 resolution of the Comelec First Division, which granted Baquerfo’s petition for certiorari and ordered the RTC in Danao City not to execute its ruling.

In a four-page resolution signed by Chairman Jose Melo, commissioners Rene Sarmiento, Nicodemo Ferer, Leonardo Leonida, Lucenito Tagle, Armando Velasco and Elias Yusoph, which was promulgated last Tuesday, the Comelec en banc agreed that the lower court decision should not be implemented pending appeal because Granada’s winning margin over Baquerfo during the recount is “not a safe lead.”

In granting Baquerfo’s petition for certiorari the First Division of the Comelec ruled that the result yielded in the lower court decision involved only the appreciation of the ballots contested by Granada.

According to the Comelec, Baquerfo’s share of contested ballots was not considered because his counter-protest was not accepted by the court was it was filed out of time.

“The Commission believes that the said margin of 13 votes is not a safe lead. There is a possibility that the same may be overturned, especially if the ballots contested by the petitioner are taken into consideration,” the Comelec en banc quoted the First Division ruling.

The Comelec en banc also quoted a Supreme Court decision in the case of Antonio Dictado versus Rodrigo Cosico in which the high tribunal said that, “it has been the consistent ruling of this Commission that while it is true that when an election protest is filed the protestee is only considered a presumptive winner until the protest is resolved, in the same way, when a protestant is adjudged the winner by a court of law but the case is on appeal with the Commission, such appeal likewise makes the protestant a presumptive winner and, unless meritorious grounds exist to execute judgement pending appeal, it is illogical to replace a presumptive winner proclaimed by a board of canvassers, by another presumptive winner so declared by a court.”

The Comelec en banc resolution validated the legality of Baquerfo’s continued stay in office.

Both Baquerfo and Granada are holding office as town mayor of Tudela since last year.

RTC Branch 25 Judge Edito Enemecio in Danao City ruled in November 12, 2007 that Granada was the real victor in the May 2007 mayoralty race in Tudela.

Granada won by 13 votes in the recount of ballots. Granada subsequently filed a motion for execution of the court decision pending appeal which was also granted on January 9, 2008.

Baquerfo filed a petition for certiorari before the Comelec which the first division granted. Granada sought for reconsideration citing the commission’s alleged failure to consider the fact that the Supreme Court has held on several cases arguing the shortness of the remaining term and the public interest involved.

Granada said that the will of the electorate are good reasons to order execution pending appeal of the lower court decision. His arguments however proved futile as his motion for reconsideration was still denied. —/NLQ (THE FREEMAN)