DIAMANTE ‘OUT’, LAGON ‘IN’ AS TUBURAN MAYOR

Toledo City Regional Trial Court Branch 29 Judge Hermes Montero has ruled in favor of Daphne Lagon in her election protest over results in last year’s mayoral election in the midwestern town of Tuburan. Mayor Democrito Diamante, though, is not giving up the post without a fight. He will reportedly file a motion for reconsideration and is willing to elevate the case up to the Supreme Court. But before doing that, maybe he should heed Cebu Provincial Election Supervisor Lionel Marco Castillano’s advice. Secure a temporary restraining order from the Comelec, he said. That way, if granted, Lagon will not be able to take over.

Tuburan Mayor Democrito Diamante will not give up his position easily to his rival, Daphne Lagon.

This, despite the ruling of Judge Hermes Montero, who declared Lagon as the “duly elected mayor” of Tuburan in the May 2016 elections

Diamante will file a motion for reconsideration and is willing to elevate the case up to the Supreme Court (SC).

In the ruling, Montero of the Regional Trial Court Branch 29 in Toledo City declared that Lagon garnered 93 votes over Diamante after a manual recount of votes from about 11 contested precincts in the midwestern town.

After the May 2016 election, the Municipal Board of Canvassers declared Diamante as the winner with only a 46 votes over Lagon. Diamante received 17,140 votes while Lagon got 17,094 votes.

But Lagon filed an election protest in court, prompting the conduct of a manual recount in contested precincts.

In the ruling, Judge Montero “recalled and set aside” the proclamation by the Municipal Board of Canvassers of Diamante as the duly elected municipal mayor.

Likewise, Montero directed Diamante, a Liberal Party (LP) stalwart, to vacate his post in favor of Lagon, who is a member of the One Cebu Party.

Diamante may appeal his case with prayer for temporary restraining order (TRO) before the Commission on Elections (Comelec) in Manila to prevent Lagon from replacing him, said Cebu Provincial Election Supervisor Lionel Marco Castillano.

Writ of execution

With the court decision, Lagon may file a petition for the court to issue a writ of execution for her to take over as Tuburan mayor, he said.

Castillano said that under the law, once Diamante files a notice of appeal with TRO, the Comelec will raffle it before the 1st and 2nd Divisions. If any of the two divisions issues a TRO, Lagon cannot take over.

However, Catillano said that if there is no TRO, Lagon will take over as mayor pending Diamante’s appeal, probably up to the SC.

Castillano opined that the petition for the recounting of cast ballots was sped up because only the precincts, probably the bailiwick of Lagon, were manually recounted by the court, as Diamante did not file a counter-protest.

Castillano said that there is a probability that the court will furnish copies of the proceedings to Lagon, Diamante and Tuburan Election Officer Gilbert Pepito. Pepito will inform Castillano on the matter.

Lagon and Diamante could not be contacted for comment at press time.