Supreme Court junks Granada's petition for certiorari

CEBU, Philippines - Due to technicality, the Supreme Court has dismissed the petition for certiorari filed by Demetrio Granada against Tudela Mayor Rogelio Baquerfo and the Commission on Elections.

The petition for certiorari filed by Granada seeks to reverse an earlier decision that prohibits him from assuming the mayorship of the town in spite of the Regional Trial Court decision that declared him winner by 13 votes in the election protest.

The High Tribunal, in an en banc resolution dated June 23, 2009, ruled that the petition violated the provisions of the 1997 Rules of Civil Procedures that govern the review of judgments and final resolutions of the Comelec.

According to the High Tribunal, the petition for certiorari filed by Granada should be dismissed for non-compliance of the requirements under Rule 64, Section 5 of the Rules of Civil Procedures.

It ruled that Granada did not attach in the petition the certified true copy of the material portions of the records of the case, which include the order of the RTC granting the motion for execution pending appeal and the court decision on the election protest.

Even if the requirements were complied with, the Supreme Court said the petition will still be dismissed because of the petitioner’s failure to “sufficiently” show that Comelec committed grave abuse of discretion in reversing the RTC order allowing Granada to assume the mayorship of Tudela pending appeal on the decision that declared him the real winner in 2007 elections.

Baquerfo’s lawyer, Noel Archival, said that the Supreme Court resolution wiped away Granada’s hope to assume as mayor of Tudela pending the resolution of their appeal.

“That is the last nail to seal the coffin of the hope ni Granada nga makalingkod,” Archival told The Freeman.

Archival said that the Supreme Court resolution means that Granada cannot assume as mayor even if he was declared winner by the court until their appeal before the Comelec is resolved.

The RTC in Danao City earlier declared Granada as winner of the 2007 mayoral race through a recount that gave him a lead of 13 votes over Baquerfo.

Granada was able to immediately obtain a writ of execution pending appeal from Judge Edito Enemecio.

However, the Comelec first division enjoined the RTC from implementing its decision and the writ of execution pending appeal by granting Baquerfo’s petition for certiorari.

Granada then elevated the case to the Supreme Court, asking the High Tribunal to restrain the Comelec from allowing Baquerfo to continue holding office as the town mayor.

Granada said he should instead be allowed to discharge his functions as the town mayor. —Fred P. Languido/LPM (THE FREEMAN)