He has to stop being mayor of Tudela: Comelec issues cease and desist order to Granada

CEBU, Philippines – The Commission on Elections (Comelec) has ordered Demetrio Granada, who claims to be the mayor of Tudela in Camotes Island, to cease and desist from performing the functions of the Office of the Mayor of the town.

The Comelec has also directed the immediate implementation of the writ of execution ordering Granada to vacate the office in favor to Rogelio Baquerfo, Sr.

The two-page writ of execution directed to the Election officer of Tudela town and the Department of Interior and Local Government, declares that the Resolution of May 19, 2009 as final and executory as of June 21.

Betty Pizaña, the director and clerk of the commission, signed the writ of execution last July 8 also ordered Granada to “cause the smooth turn-over of office” to Baquerfo.

The Election Officer and DILG were also ordered by the Clerk of Commission to submit a report of action within five days from the receipt of the order.

The Comelec en banc upheld an earlier decision of the first division supporting the legality of Baquerfo’s hanging on to his position despite the lower court decision declaring Granada as the real victor of the May 2007 elections.

The Comelec denied Granada’s motion for reconsideration to have the September 4, 2008 resolution of the Comelec first division reversed.

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

Granada won in the election protest against Baquerfo by a slim margin of 13 votes.

RTC Branch 25 judge Edito Enemecio in Danao City ruled on November 12, 2007 that Granada was the real victor in the May 2007 mayoralty race in Tudela and allowed him to assume the position pending appeal. —/NLQ (THE FREEMAN)