In Daanbantayan, Court stops Corro takeover as mayor

CEBU, Philippines - The Regional Trial Court yesterday stopped the possible takeover by Augusto Corro and Jose de Leon as mayor and vice mayor of Daanbantayan, respectively, by holding in abeyance the writ of execution declaring the two as winners in the 2007 elections.

Bogo City RTC Branch 61 Judge Antonio Marigomen yesterday afternoon sent a letter to Department of Interior and Local Government-7 director Pedro Noval stating that he “takes judicial cognizance” of the motion for reconsideration filed by the camp of Mayor Sun Shimura and his mother, Vice Mayor Ma. Luisa Loot before the Commission on Elections en banc. This is in response to the DILG official’s letter asking for guidance on whether the filing of the motion will prevent the implementation of the writ of execution issued by the RTC.

But even before the court hold in abeyance the writ of execution, Noval said DILG does not recognize Corro as the duly elected mayor of the town despite his having sworn into office because the position has not been declared vacant.

Copy of Marigomen’s letter was received by fax by the office of Shimura at 2:04 yesterday afternoon in time Corro and de Leon were reportedly to march with their supporters to take over the municipal hall.

Hundreds of supporters of Shimura and Loot also gathered in front of the municipal hall when their lawyer, Recarte Maderazo, read in public the letter of Marigomen holding in abeyance the writ of execution.

Corro earlier announced that around 4,000 of his supporters were supposed to march with him to town hall to take over the mayor’s post yesterday afternoon.

“I suggest he wait for the elections. If he has lot and that much of supporters, modaug gyud ka,” Shimura told the press yesterday.

Had Corro’s camp proceeded to town hall yesterday, Shimura said that there would be show of force as their supporters also flocked the town hall.

Also yesterday, Corro offered a dialog with Shimura and Loot to which the mayor said, “if he is willing to do that, why not?”

However, Loot said that a dialog for possible reconciliation shall happen only after this year’s elections as she is very sure that she will win for mayor against Corro.

Corro took his oath of office before RTC Branch 19 Judge Geraldine Faith Econg last Tuesday night.

However, Maderazo said that Econg sworn in Corro “without knowing the situation of the case.”

But for Corro, everything has been rendered moot and academic because he has already assumed office last Tuesday evening when he took his oath before Judge Econg.

Corro insisted that the motion for reconsideration does not stop the writ of execution issued by the court. “Mahimo diay nga ang motion for reconsideration makapahunong sa writ of execution?”

According to Corro, he is already starting to discharge the official function as mayor of Daanbantayan Although, he has not physically take over the municipal building because the supporters of Shimura and Loot have been barricading the building since Monday but added he can manage the town without being physically present.

In fact, he claimed he issued an executive order yesterday informing all the department heads that he is already in-charge. The order likewise directed the department heads to cease from taking orders from Shimura anymore.

Corro said he will also write to the depository bank of the town to stop honoring Shimura’s signature. Asked if he would appointment his new department heads, he said he does not have the intention of changing the people considering that it is only two months away before the election.

He also vowed to physically take over the municipal building in a matter of time but he is just trying to assess the situation because of the possible violence if he forced himself in the municipal hall.

Corro’s actions however mean nothing to the DILG as he is not recognized by DILG as the duly elected mayor.

Noval said that as far as he is concerned, Shimura and Loot is still the mayor and vice mayor of Daanbantayan, respectively.

According to him, the normal procedure is that before a new mayor could take his oath and assume, there must be a prior declaration of vacancy of the position by the DILG.“As far as the DILG is concerned we have not declared the position of the mayor and vice mayor vacant.”

 Noval however refused to give a categorical statement whether or not the oath taking of Corro before Econg was valid.

Loot on the other hand said they will not step down from the municipal hall unless the Comelec tell them to do so. Their supporters are also camping out at the municipal hall to prevent Corro’s physical take over.

Loot said her supporters have been staking out with them since Monday.

The Comelec first division earlier lifted a preliminary injunction that prevented the implementation of the RTC Bogo decision that declared Corro and de Leon as winners in the last May 2007 elections.

According to the RTC decision in August 2008, Corro won over Shimura while de Leon won over Loot. Based on the statistics, Corro garnered total votes of 13,915 as against the 10,524 votes of Shimura.

De Leon on the other hand was declared winner with 12,903 votes as against the 11,592 of Loot.— Fred P. Languido, Gregg M. Rubio with Mitchelle L. Palaubsanon and Jose P. Sollano/WAB (THE FREEMAN)