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The Regional Trial Court in Bogo City has approved the motion for execution of judgement that declared engineer Augusto Corro and Dr. Jose de Leon as mayor and vice mayor of Daanbantayan town.
But Mayor Sun Shimura and his mother, Vice Mayor Maria Luisa Loot will not give up their post without a fight.
Loot said her lawyers will file a motion, asking Judge Antonio Marigomen of RTC Branch 61 in Bogo to reconsider his decision.
At the same time, their supporters have started to camp outside the municipal hall to protest the court ruling
A teary-eyed Corro told reporters in a news conference that Marigomen found ?good reasons? to approve the motion for execution of judgment pending appeal which he and De Leon filed on Aug. 22.
?I offer this (court) ruling to our slain partymate Gogong Arrogante who stood up for (the) truth),? Corro said.
Judge Marigomen said in an Aug. 11 decision that Corro and De Leon won the election protest they filed against Shimura and Loot.
The judge ruled that Corro won by a margin of 3,391 votes against Shimura while De Leon won by a margin of 1,311 votes against Loot.
Shimura and Loot's lawyers filed an appeal before the Commission on Elections (Comelec) in response to the RTC judgment.
But Corro and De Leon, through their lawyers, filed a motion for execution of judgment pending appeal.
?The protestants motion is with merit,? Marigomen said in his decision dated Sept. 1.
Marigomen cited three ?good reasons? to approve their motion for execution of judgment.
These include the need to protect the interest of the electorate, the remaining portion of the term of the contested office and the length of time that the election contest has been pending.
She said Shimura and Loot managed to occupy the two posts for a year and one month and the election contest had been pending for nearly 15 months from the filing of the election protest last May 24, 2007.
Corro said despite the legal moves adopted by Shimura and Loot, he remains confident of assuming the mayoralty seat in due time.
?I would like to assure everyone of a smooth transition of leadership. I pledge to continue to follow the legal process. I am ready to serve the people of Daanbantayan with integrity and goodwill,? he said.
Lawyer Liza Corro, Augusto's younger sister, said the rules of court allows Shimura and Loot 20 days from the issuance of the Sept. 1 ruling to file their motion for reconsideration and secure a temporary restraining order (TRO) from the Comelec.
In the absence of a TRO and after the lapse of the 20-day grace period, Corro and De Leon could already assume office.
Corro said he was organizing a Manila-based legal panel to defend his case before the Comelec.
But he said he was worried about reports that Loot allegedly pressured public school teachers to sign an affidavit that would bolster their case.
He also described as propaganda claims by the Loot camp on the presence of armed goons from their side.
Corro said this was intended to create tension in Daanbantayan town.
Corro said he has the support of City Mayors Arturo Radaza of Lapu-Lapu and Celestino Martinez Jr. of Bogo.
But he said this does not mean that the two mayors are providing him goods.
He said Martinez, a partymate, is supporting his case just as Cebu 4th district Rep. Benhur Salimbangon?s support Shimura and Loot.
Hundreds of supporters of Shimura and Loot's supporters crowded the municipal hall in Daanbantayan starting at 5 p. m. yesterday to take turns praying the rosary and holding a vigil before the Mother of Perpetual Help placed in the hall.
Loot said she ordered five lechon (roasted pigs) to feed their supporters.
?My supporters came here after they heard reports that Radaza's supporters are coming here,? Loot said in Cebuano. Radaza's wife, Paz, is the younger sister of Corro.
Loot received her copy of the decision at 4 p. m. yesterday.
She said their lawyers will file a motion for reconsideration.
At the same time, they will also ask the Comelec to stop Corro and De Leon from assuming office.
?Corro and de Leon will not be able to assume office,? Loot said.
She said they will elevate their case all the way to the Supreme Court if need be.
She said the court ruling is not yet a writ of execution since it didn't mention who will implement the order.
For his part, Provincial Elections Supervisor Leonil Marco Castillano said in the event a TRO is issued by either the Comelec or Supreme Court, the RTC's writ of execution will be stayed.
Castillano said the Comelec has jurisdiction over the case since Shimura and Loot submitted a notice of appeal to their office.
Fifteen days after receiving the notice of appeal, the clerk of court should transfer all the case records to Comelec, which then determines whether to grant the TRO or status quo order, he added. With reports from Jhunnex Napallacan and Carine Asutilla
