Comelec TRO on Tanauan writ good for 20 days

The Commission on Elections (Comelec) has affirmed the 20-day validity of its temporary restraining order (TRO) to allow it to review the issues raised against the order it earlier issued to finally execute its second division’s decision installing Sonia Torres-Aquino as the rightful mayor of Tanauan City.

In an en banc hearing last Jan. 25, Comelec Chairman Benjamin Abalos repeatedly reminded lawyer Sixto Brillantes, legal counsel of Mayor Alfredo Corona, that the TRO he issued last Jan. 19 is valid for 20 days.

Brillantes has filed a motion for reconsideration against the writ of execution of the second division’s ruling installing Aquino.

During the hearing, Brillantes, however, said he would press for another motion for reconsideration, but this time for the Dec. 27, 2005 main resolution against Corona.

The Comelec commissioners, however, said the process for reconsideration of the main resolution would take much more time than what the TRO would allow.

Abalos added that some members of the poll body are set to retire within the TRO’s period, making a prompt decision on the main case a remote possibility.

Despite this, Brillantes proceeded with his presentation of the main case, alleging that the ballots, which the poll body used in determining the winner of the mayoral race, were tampered during the revision process.

Lawyer George Erwin Garcia, legal counsel of Aquino, belied Brillantes’ claim, saying the poll body had ensured the security of the whole process, including having representatives of both sides to be always present.

The Comelec’s second division, chaired by Commissioner Mehol Sadain, declared Aquino the duly elected mayor of Tanauan City last Dec. 22.

In its resolution, it nullified Corona’s proclamation as city mayor and directed him to "vacate the office and position of mayor and relinquish the functions and duties thereof" to Aquino.

The second division, also composed of Commissioners Rufino Javier and Florentino Tuason Jr., ruled that Aquino got 27,482 votes against Corona’s 24,380, or a margin of 3,102 votes.