Order letting Corro, De Leon occupy positions recalled

CEBU, Philippines - The Regional Trial Court in Bogo City has recalled the joint writ of execution it issued to the Department of Interior and Local Government that allowed Augusto Corro and Jose de Leon Jr. to immediately assume office as mayor and vice mayor, respectively, of Daanbantayan town.

RTC Branch 61 judge Antonio Marigomen informed DILG-7 regional director Pedro Noval Jr. that the court received last Thursday the joint manifestation filed by protestees Sun Shimura and Ma. Luisa Loot.

Through their counsel, Ricarte Maderazo, Shimura and Loot informed the court that they have filed a motion for reconsideration to the February 17, 2010 resolution rendered by the Commission on Elections 1st Division in Manila.

“Taking into account the timely filing of said motion for reconsideration, the joint writ of execution dated February 22, 2010, issued by this court in EPC Cases No. Bogo-01721 and Bogo-01722 is recalled,” Marigomen said in his letter dated February 25, 2010 to Noval.

Marigomen further requested Noval to return the said joint writ of execution to the court immediately.

Marigomen issued the writ of execution saying that the Court has not received a copy of the said motion for reconsideration filed by Shimura and Loot.

It was Noval who gave the court a copy of the motion for reconsideration on February 24, 2010 when he asked Marigomen for guidance on whether the filing of the motion for reconsideration with the Comelec en banc will stay the implementation of the writ of execution issued by the court.

The court took judicial cognizance of the copy of the motion Noval attached in his letter prompting Marigomen to hold in abeyance the implementation of the writ of execution pending the resolution of the motion for reconsideration by the Comelec.

Noval then informed Governor Gwendolyn Garcia that Shimura and Loot are still the sitting mayor and vice Mayor of Daanbantayan, respectively. — Gregg M. Rubio/BRP   (FREEMAN NEWS)