As Daanbantayan standoff heats up: Arroyo stays away from local politics

CEBU, Philippines - So near, yet so far.

Despite political tensions rising by the minute in Daanbantayan as to who gets to sit as mayor in the aftermath of a long-drawn electoral protest, President Arroyo refused to get caught in the row as she spent the night in nearby Malapascua, a world famous island dive site that is part of the divided town.

Arroyo has made it a policy never to get caught in local politics, and the row in Daanbantayan is apparently no exception.

So, the president instead hammed it up with the media on the island the National Geographic Channel once featured as one of the world’s best dive sites.

Arroyo is expected to be in Daanbantayan again this morning, but only as a debarkation point from Malapascua and from where she will proceed to the next town of Medellin where she is to inaugurate some projects.

Arroyo is in the area to start her swing of the Visayas and Bicol as part of her super regions initiative. The Visayas and Bicol is her tourism corridor in the initiative.

Bogo City Regional Trial Court Branch 61 Judge Antonio Marigomen has ordered for the immediate implementation of his earlier decision declaring Engineer Augusto Corro and runningmate Jose de Leon as winners in the 2007 elections in Daanbantayan town.

Marigomen yesterday issued a joint writ of execution following the lifting by the Commission on Elections of the writ of preliminary injunction against his earlier decision declaring Corro and De Leon as winners for mayor and vice mayor of the town.

Corro took his oath of office before Regional Trial Court Branch 19 Judge Geraldine Faith Econg at the Palace of Justice last night. 

On August 11, 2008, Marigomen ruled that Corro was the duly elected mayor having garnered the most number of votes against Mayor Sun Shimura, who was declared winner by the Comelec.

The same decision also declared De Leon as having won the vice mayoralty post against Shimura’s mother and Vice Mayor Maria Luisa Loot. Marigomen earlier granted the motion for execution pending appeal of his decision.

“Let a corresponding writ of execution be issued and the clerk of court is hereby directed to issue a writ of execution immediately directing the DILG, Region 7, with the assistance of the PNP, Province of Cebu, to implement the joint orders dated September 1, 2008 and September 15, 2008,” Marigomen ordered.

The September 1 and 15 orders had granted the motion of Corro and De Leon for execution, pending appeal of the decision.

?Lawyer Rey Caayon, RTC-Bogo City clerk of court, yesterday served the writ to Department of Interior and Local Government regional director Pedro Noval.

Noval, however, failed to implement the order yesterday. In a report over dyLa, Noval said they will serve the order to Shimura and Loot today.

However, lawyer Sixto Brillantes, counsel for Shimura and Loot, said he has advised his clients not to step down.

“Hindi bababa ang mga kleyente ko dahil alam naman naming hindi pa final ang desisyon. Kung ipipilit nila magkakagulo sa Daanbantayan,” Brillantes warned.

Brillantes said he will file today before the Comelec first division a motion for contempt against Marigomen.

According to Brillantes, what Marigomen did was tantamount to contempt because he knew that the decision was not yet final and executory.

Under the rules Brillantes said, they still have five days to file a motion for reconsideration which will expire today. He said they have already filed a motion for reconsideration yesterday.

 “Kung hindi ba naman siya ignorante mag-iisyu siya ng writ of execution alam naman niyang hindi pa final ang decision,” Brillantes told The FREEMAN.

Brillantes even accused Marigomen of being afraid of some politicians in Cebu. He even raised suspicion that the judge was paid to render an adverse decision against his clients.

 “Si Marigomen na yan takot lang siguro sa mga politiko diyan. Sa basa ko sa desisyon niya malamang nabayaran yang huwis na yan,” Brillantes said.

Asked if he is not afraid of being cited for contempt, Brillantes replied: “Bakit ako matatakot ako nga yong magpapa-file ng contempt laban sa kanya.”

According to Brillantes, there is already a precedent to what Marigomen had done in El Nido, Palawan which the Supreme Court decided only last February 12.

Brillantes said the judge was cited for contempt for issuing writ of execution even if the decision was not yet final and executory.

 “Hindi pwede ma implement ang writ dahil nag-file na kami ng motion for reconsideration sa Comelec en banc. Pinipilit niya ang kanyang decision puro mali-mali naman,” Brillantes added.

According to Brillantes, Marigomen himself admitted in his decision that there was cheating because there were ballots that were written by one person but he does not understand why Corro and de Leon were declared winners.

“Siya mismo nagsabi na dinadaya daw pero pinanalo niya ang mga talonan,” Brillantes added.

Marigomen earlier declared that Corro won over Shimura in the May 2007 elections with 13,915 votes against the latter’s 10,524. He also declared De Leon the winner over Loot with 12,903 votes against the vice mayor’s 11,592. 

Capitol officials chose to stay neutral in the ongoing controversy.

But Capitol spokesman Roy Jon Sepulveda said their only concern is the delivery of basic services to the people in the town.

Corro and De Leon are expected to assumed office this morning based on the writ of execution issued by court.

The other day, thousands of supporters of Shimura and Loot converged at the municipal building to prevent a possible takeover by Corro’s camp. – With Jose P. Sollano/LPM   (FREEMAN NEWS)

President Arroyo enjoys an enthusiastic welcome by Malapascua residents, above, then poses with the Cebu media as she spends the night in tranquility on the island. But on the mainland, in Daanbantayan to which Malapascua belongs, the political standoff in the battle for mayorship heats up, with Arroyo refusing to intervene or involve herself. FERDINAND EDRALIN/PPP CEBU