Granada asks Supreme Court to reverse two Comelec rulings

CEBU, Philippines - Demetrio Granada is asking the Supreme Court to reverse the two decisions of the Commission on Elections that prohibit him from assuming the mayoralty post of Tudela.

Granada sought for the implementation of the Danao City Regional Trial Court decision which declared him the winner in a vote recount in the 2007 elections.

Granada’s opponent, Rogelio Baquerfo, was declared by the Comelec as the winner with a margin of eight votes.

Granada filed an election protest before Danao City RTC Judge Edito Enemecio, who then ordered a recount of votes. The result showed Granada won by 13 votes.

Granada filed a petition for review of the Comelec decisions dated Sept. 4, 2008 and May 19, 2009 with a prayer for urgent preliminary mandatory injunction and restraining order.

Granada then sought for the execution of the RTC judgment, which the lower court approved. Baquerfo opposed and sought for reconsideration of the RTC decision before the Comelec. 

The Comelec en banc issued an order dated Sept. 4, 2008 prohibiting the RTC from enforcing its Jan. 9, 2008 order.

Granada sought for reconsideration on the Comelec’s decision but the poll body denied his appeal for “lack of merit.”

He then asked the Supreme Court to restrain the Comelec from allowing Baquerfo to assume the mayoralty post.

“This petition hopes that the real winner during the last 2007 elections who is herein Petitioner does not lose by default and inaction, and will finally be able to perform his functions as the legal and rightful Mayor in the municipality of Tudela, Camotes, Cebu.”

On June 9, Granada filed before the SC a petition for certiorari.

In his petition, Granada said: “The commission committed grave error in law amounting to grave abuse of discretion in ruling that the margin of 13 winning votes in favor of here petitioner (Granada) does not warrant the execution of the decision of the RTC pending appeal considering that the alleged share of the contested ballots of the private respondent (Baquerfo) which were not counted by the RTC was due to the fault of said respondent.”

“It is submitted that the margin of 13 votes is already a safe lead in a town like Tudela, and thus, clearly established the victory of the petition,” he added.

Granada’s legal counsel Guillier Ceniza said the Comelec should gave more weight to the RTC’s proclamation of Granada’s mayorship, which was based on the result of actual recount of votes. — Garry B. Lao/LPM (THE FREEMAN)