CEBU, Philippines - The Commission on Elections (Comelec) en banc has upheld an earlier decision and that of the Regional Trial Court that declared Demetrio Granada as the real winner in the May 2007 mayoralty race in Tudela, Camotes.
The Comelec en banc denied on December 21, 2009 the motion for reconsideration with motion to file memorandum filed by Tudela Mayor Rogelio Baquerfo.
The denial of their motion for reconsideration would mean that Granada won and could now assume the post as the legitimate town mayor.
Baquerfo’s lawyer Noel Archival admitted in an interview with The Freeman last night that this is the legal consequence of the denial of their motion. However, Archival said under the rule they have 30 days to file a petition for certiorari before the Supreme Court.
Archival said that the 30 day period will start upon receipt of the order from the Comelec en banc. Archival said that as of yesterday they have not been served a copy of the order.
Archival said that he has not also talked with Baquerfo yet as to their next legal action. He said that their next possible move is to file a petition for certiorari and pray for a temporary restraining order from the high tribunal.
“Kon dili mi maka-file og certiorari within 30 days og dili mi kakuha og TRO, goodbye si Garanada na gyud ang makalingkod nga mayor,” Archival said.
He hopes that Granada’s camp will respect their 30 days to file the petition for certiorari before the Supreme Court.
The Comelec First Division in Manila earlier proclaimed Granada as the winner of the Tudela mayoral race in 2007 with a 21-vote margin over Baquerfo.
The Danao City Regional Trial Court first declared Granada was winner in the recount with a 13-vote majority over Baquerfo. The final count of the Comelec was 2,940 votes for Granada and 2,919 votes for Baquerfo.
In spite the decision however Granada has yet to formally assume the post because Baquerfo brought the issue before the Comelec Manila. — Fred P. Languido/NLQ (FREEMAN NEWS)