CEBU, Philippines - A showdown looms in Bantayan between Chris Escario who has just been declared “duly elected” mayor of the town and Arthur Despi who was disqualified from the post.
Escario is set to be proclaimed at the Commission on Elections central office in Manila at 10 a.m. today but Despi told The Freeman he does not plan of leaving his office at the municipal hall in Bantayan.
“I do not believe that Chris Escario is entitled to be proclaimed Mayor because he is not duly elected by the people of Bantayan, Cebu,” Despi said in a statement.
“I was disqualified as a substitute candidate because ABAG-Promdi of which I have been a municipal coordinator in past elections chose to disown me for reasons only their leaders know. They accused me of forging a signature on the CONA. With handwriting experts I proved this was not true,” Despi added.
Despi won over Escario with 16,494 votes to Escario's 12,043 in the May 2016 polls but the Comelec En Banc revoked his Certificate of Candidacy (COC) for “material misrepresentation” because he “falsified” his certificate of nomination and acceptance (CONA) on December 11, 2015.
In his petition to cancel Despi’s COC, Escario said Despi’s COC for substitution was invalid as he made it appear that Promdi General Secretary Oscar Canton nominated him as mayor.
Lies
Yet, even with the Comelec and Supreme Court rulings, Despi isn’t giving up.
He asked the Supreme Court to issue a temporary restraining order against Escario’s proclamation.
“My disqualification should be in accordance with law. If I step down now without following the proper procedure I may be charged with abandonment since I took a solemn oath of office when I assumed the position,” he said.
Despi argued that Comelec disqualified him based on Section 77 of the Omnibus Election Code (OEC) on invalid substitution and not under Section 78 in relation to Section 74 of the OEC on material misrepresentation.
“Had I been disqualified under Section 78, I would just have stepped down and passed the leadership to Chris Escario because my Certificate of Candidacy (CoC) would be void from the beginning,” he said.
He said the cancellation of his CoC is tantamount to disenfranchisement of the 57.09 percent of the voters in Bantayan.
Citing Section 44 of the Local Government Code, he said his “rightful successor” is Vice Mayor Antonio Montemar and not “the second placer/loser” Escario.
“…please respect the votes of the people of Bantayan. The duly elected vice mayor is the successor of the mayor. Don't let an election loser usurp the position,” Despi said.
“I have to protect the Office of the Mayor of Bantayan until the time that my rightful successor shall be installed. The next mayor of Bantayan is certainly NOT Chris Escario,” he added.
In his affidavit dated January 16, 2016, Despi stood firm that he was officially nominated by PROMDI as its candidate for mayor of Bantayan.
He alleged that the filing of the petition was born out of “malice” to deny the electorates of Bantayan an alternative choice in the 2016 elections.
Despi contended that his CONA is “authentic and duly signed by Canton.”
He alleged that Escario only convinced Canton to execute the affidavit denying the issuance of CONA considering that the former has “misunderstandings” with the party’s secretary general.
Inconsistent?
Despi said nowhere in the decisions of the Comelec En Banc and First Division and the Supreme Court that Escario’s proclamation is stipulated.
He said the Writ of Execution issued by the Comelec En Banc on April 24, 2017 is “improper” as it does not conform with the May 7, 2016 Comelec First Division Resolution, revoking the former’s certificate of candidacy.
“The Writ of Execution directs the proclamation of Chris Escario. How could this be so when the 7 May 2016 Resolution of the COMELEC First Division and affirmed by the Supreme Court, did not mention any proclamation of Escario?” he asked.
He argued that the COMELEC committed grave abuse of discretion amounting to lack and/or in excess of jurisdiction when it substituted the sovereign will of the electorate by declaring Escario as mayor.
Expected
Escario was not surprised by Despi’s reaction.
“Dawaton nalang unta ang desisyon aron wa’y samok,” he said.
In his petition, citing Conquila vs. Comelec, Escario said CONA is an integral part of the CoC and false representations therein made by Despi are actionable by a petition to cancel said CoC.
In a letter dated December 2015, Canton disowned Despi’s CONA. He questioned the candidacy of Despi who substituted Jose Caracena as the party’s candidate for mayor of Bantayan. (FREEMAN)