Comelec opens door to Corro, De Leon

CEBU, Philippines - The Commission on Elections en banc has denied the motion for reconsideration of Daanbantayan Mayor Sun Shimura and his mother Vice Mayor Ma. Luisa Loot on the first division’s joint resolution promulgated last February 17, 2010 dismissing an earlier petition for certiorari.

The Comelec’s denial necessitates the execution of an earlier ruling by the Regional Trial Court in Bogo City which ordered the installation, pending appeal, of Augusto Corro and Jose de Leon as mayor and vice mayor of Daanbantayan, respectively.

But, Shimura said there is no way for Corro to take over his post despite the Comelec en banc decision.

 “We can still file a second motion for reconsideration and if it will be denied again by Comelec, we can still file our motion for reconsideration to the Supreme Court,” Shimura told The FREEMAN yesterday.

In a separate interview, Loot said, “Bahala siya ug adto siya mag opisina sa iyang balay kay iyaha man ng balay. Ngano gud tawon na mayor na siya? Pagmata na Itok.”

Corro and de Leon were previously declared by the court as the real election winners in Daanbatayan. The RTC also granted the motion of Corro and de Leon to immediately execute the decision pending appeal.

Shimura and Loot however assailed the decision thru a petition for certiorari before the Comelec first division. But, the Comelec dismissed it and affirmed the lower court orders instead.

Shimura and Loot again questioned the ruling by seeking for its reconsideration.

In their motion for reconsideration, Shimura and Loot alleged that the first division “gravely erred” in dismissing their certiorari petition based on mere generalization and totally disregarded the contents of the joint decision in the determination as to whether or not their defeat and the victory of Corro and de Leon have been clearly established as required under Section 11, Rule 14 of the Rules of Procedures in Election Contests.

But the poll body said that they find the motion wanting for failing to point out what part of the joint resolution that are contrary to law.

The Comelec said that while the petitioners raised new factual issues, it was also late in the day because these should have been raised at the first instance.

The Comelec upheld the RTC Bogo City decision declaring Corro and de Leon as winners in Daanbantayan in the last May 14, 2007 elections.

The court’s recount of the votes showed that Corro got 13, 915 votes while Shimura only have 10,524 votes.

De Leon also garnered 12,903 votes during the recount against 11,592 votes of Loot. — Jose P. Sollano with reports from Mitchelle L. Palaubsanon/FPL (THE FREEMAN)