Corro And De Leon Declared Winners: Comelec rules on protest on Daanbantayan polls

CEBU, Philippines - The Commission on Elections (Comelec) First Division dismissed the instant joint petition for certiorari filed by Daanbantayan Mayor Sun Shimura and his mother Vice Mayor Malou Loot questioning the order of the Regional Trial Court in Bogo City declaring  Augusto Corro and his running mate Dr. Jose de Leon as  the elected mayor and vice mayor of the northern town.

As this developed, Corro in a press conference yesterday, said that even of the elections is just two months away, the favorable ruling is big victory to the people of Daanbantayan.

He said that finally the voice of the people of our town is heard, the will of the people has to prevail and I already to serve the will of the people as mayor of Daanbantayan.

“I call on to the people to help me in maintaining a peaceful transition. Let us move without further delay, in serving our people in the bounds of the law. We are going to do it within the bounds of the law,” Corro said.

The 15-page joint resolution signed by Presiding Commissioner Rene Sarmiento and Commissioners Armando Velasco and Gregorio Larrazabal supports the order of Bogo City Regional Trial Court Branch 61 Presiding Judge Antonio Marigomen declaring Corro and de Leon as winners of the May 14, 2007 elections.

Corro ran as mayor against Shimura while de Leon ran as vice mayor against Loot. After Shimura and Loot were declared winners, Corro and de Leon immediately filed electoral protests.

The court’s recount of the votes showed that Corro got 13,915 votes against Shimura who had 10,524 votes.

In the elections, Shimura was declared winner with 15,800 votes over Corro’s 13,707.

The court’s findings also showed de Leon with 12,903 votes against Loot, who got 11,592 votes.

 The court said what increased the votes of Corro and de Leon where stray votes, and what decreased the votes of Shimura and Loot are nullified ballots due to illegal markings, ballots written by one or two persons in precincts beyond the number of illiterate or disabled voters, and spurious ballots.

The court then nullified the election of Shimura and Loot but denied the claims of Corro and de Leon for P500,000 in damages and litigation expenses.

The court granted Corro and de Leon’s Joint Motion for Execution of Judgment Pending Appeal declaring them as winner of the 2007 elections.

But the camp of Shimura and his mother Loot questioned the order of the court filed a joint Motion for Reconsideration arguing that the appeal has already been perfected and that execution pending appeal is no longer available and viable.

However, the court issued the second order assailed joint order denying the motion for reconsideration.

The camp of Shimura then filed the instant joint petition for certiorari before the Commission on Elections on the grounds that Judge Marigomen gravely abused his discretion in granting Corro’s joint motion for execution of judgment pending appeal despite the absence of good and special reasons or superior circumstances as expressly required by existing rules.

But the Commission said that Shimura failed to show that Judge Marigomen acted whimsically, capriciously or despotically by reason of passion or personal hostility in issuing the assailed orders.

TENSION

Shimura, in a telephone interview with The Freeman, said that Corro and de Leon can not just come to the municipal hall and take their seats.

Shimura said that this is a legal battle and their lawyers are already preparing the filing of their motion for reconsideration within this week.

Shimura said that he and his mother, will not step down until a writ of execution from the Comelec en banc is issued ordering Corro and de Leon to take their positions or ordering them to vacate it.

Shimura claimed that Daanbantayan townsfolk know who really won the 2007 elections.

“Ang makapatangtang namo writ of execution from Comelec en banc. Kun ilaha nang buhaton (mosulong sa munisipyo) dako gyud ning gubot kay dili man sad ta mohawa niining dapita,” Shimura warned.

Shimura added that the municipal employees and barangay officials are already alerted to barricade the municipal hall if Corro’s camp will force their way in.

He also said that other than these personnel, there are more than 3,000 supporters who are ready to join in barricading the town hall.

As tensions are brewing Cebu Provincial Police Director, Sr. Supt, Erson Digal said that Police Regional Office-7 director Chief Supt. Lani-O Nerez has approved the deployment of two teams from the Special Reaction Unit.

Digal also said that Lt. Col. Raymundo Bañares of the 78th Infantry Battalion will be sending one platoon of soldiers based in Asturias. The troops is expected to arrive today to help maintain peace and order in the town. — Jose P. Sollano with Edwin Ian Melecio/NLQ   (FREEMAN NEWS)