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CEBU CITY, Philippines - Despite tensions last Monday between supporters of mayoral rivals in the town of Tudela, Camotes Islands, Cebu, the situation was peaceful on Tuesday as the camps of the sitting mayor and his rival sought legal remedies to resolve the conflict there.
Demetrio Granada Tuesday failed to accomplish a requirement needed for him to assume his position as mayor of Tudela due to the absence of a court officer.
Granada said he visited the Danao City Regional Trial Court to pay the P100,000 that the court required of him as a bond pending an appeal of the election protest he filed against Rogelio Baquerfo, who was the previously declared winner of Tudela’s mayoral race last May 14. However, the clerk of court was on leave and nobody else there was authorized to receive the cash bond.
Granada said he would return to Danao City today to check if the clerk of court has returned.
Though if Granada is able to pay the bond Wednesday, Baquerfo, who has refused to heed a court order telling him to step down as mayor of Tudela, said he still would not allow Granada to assume office.
Baquerfo said Tuesday was still the third day since he received the court order – well within the 20 days until a writ of execution for the order is issued.
Lawyer Noel Archival, Baquerfo’s counsel, said he would file in behalf of Baquerfo a petition with the Commission on Elections head office in Manila preventing Granada from assuming office.
Archival said he would file a petition for certiorari, preliminary injunction with prayer for a temporary restraining order against the court’s decision granting Granada’s motion for execution pending appeal.
Archival said the petition would be based upon a “defect” in Granada’s motion that it did not have a proof of service.
“Every motion must have a proof of service,” he said.
Archival said Granada’s group previously tried to correct the defect, but the proof of service was shown only after Baquerfo’s group filed their appeal against the court decision issued last November declaring Granada the winner of the May 2007 polls.
It was this court decision that formed basis of the order issued last week for Baquerfo to step down.
The decision was based on a recount that junked Baquerfo’s eight-vote lead over Granada in the May 2007 elections. The recount instead had Granada leading by 13 votes.
In November 2007, Regional Trial Court Judge Edito Enemencio of Branch 25 in Danao City declared Granada winner of the May 2007 elections. On January 9, the judge ordered Baquerfo to make way for Granada. Baquerfo said he would challenge the order.
Granada, on the other hand, is in no hurry.
“Dili lang nato dali-dali-on. Midaug na bitaw ko. Ato lang gyud nga ipasubay sa balaod (I’m not going to do anything hastily. I already won. Let's do this according to the law),” Granada said.
Peace and order
Despite tensions last Monday in Tudela in front of the town’s municipal hall between supporters of Granada and Baquerfo, the situation on Tuesday was just like any normal day, said Senior Inspector Ramon Ortiz, chief of town police.
Ortiz said Baquerfo reported for work in the morning and left at 3 p.m. No supporters from either camp gathered, while municipal employees continued their normal work.
Representative Ramon “Red” Durano VI (Cebu, 5th district), urged Baquerfo to abide by the rule of law and allow Granada to assume office.
“The court has decided that Mayor Granada is the rightful person...Why fight the decision of the court?” Durano said.
The congressman said Granada followed proper procedures and filed his petitions in the proper forum.
Meanwhile, Pedro Noval, director of the Department of Interior and Local Government in Central Visayas, said his office could not intervene in the Tudela conflict until the court issues a writ of execution, in which concerned government agencies would be specified.
“It will be spelled out by the court as to what appropriate agency will implement that order. We have not received any order yet from the court,” Noval said. /With a report by Chief Of Reporters Suzzane Salva-Alueta
