Dia­mante loses post

COURT DE­CLARES NEW TUBURAN MAYOR

The Freeman - - FRONT PAGE - Gregg M. Ru­bio, Banat News Copy Editor

The Re­gional Trial Court has de­clared Daphne Lagon as the duly elected mu­nic­i­pal mayor of Tuburan in the May 9, 2016 elec­tions.

The de­ci­sion dated Oc­to­ber 10, 2017 was pro­mul­gated yes­ter­day by Toledo City RTC Branch 59 Judge Her­mes Mon­tero.

Mon­tero also or­dered that the procla­ma­tion of Dem­ocrito Dia­mante as mayor on May 10, 2016 be re­called and set aside.

Lagon filed an elec­tion protest against Dia­mante who won by only 46 votes. Dia­mante got 17,140 votes while Lagon got 17,094 votes.

Based on the ex­am­i­na­tion and ap­pre­ci­a­tion of bal­lots, as well as the court’s rul­ings on the ob­jec­tions and claims to bal­lots of the par­ties, the votes for Lagon and Dia­mante, per clus­tered precinct in the con­tested precincts, as well as the re­sults of the elec­tion re­turns on the with­drawn and un­con­tested clus­tered precincts, are ad­justed.

Re­sult shows that Lagon gar­nered 17,220 votes while Dia­mante gar­nered 17,127 votes.

“In fine, Protes­tant Daphne A. Lagon ob­tained the plu­ral­ity of the valid votes cast for the po­si­tion of Mu­nic­i­pal Mayor of the Mu­nic­i­pal­ity of Tuburan, Cebu Prov­ince, dur­ing the na­tional and lo­cal elec­tions on May 9, 2016 by a mar­gin of Ninety Three (93) votes over Protes­tee Dem­ocrito M. Dia­mante,” the court de­ci­sion reads.

Lagon told The FREE­MAN: “Mao na ni ang kadau­gan sa tin­gog sa katawhan. Kin­ing tanan, ang akong pag­pa­pan­glim­ba­sog in­ubanan sa pag-ampo,mao ang akong gasa sa akong pinalang­gang lung­sod. Ako nanghin­aut alang sa kahiusa­han, kalam­buan ug gugma alang sa Lung­sod sa Tuburan.”

Dia­mante, on the other hand, said he has filed a mo­tion for re­con­sid­er­a­tion be­fore RTC Branch 59 in Toledo City.

Lagon's coun­sel, Atty. Delon Richel Ramon Urot, con­firmed the fil­ing of Dia­mante's ap­peal, say­ing it is his right.

Urot said they are also set to file a mo­tion for ex­e­cu­tion pend­ing ap­peal on Mon­day.

Poll of­fi­cials ear­lier said it is still a long and te­dious process be­fore the party can ac­tu­ally claim vic­tory.

Lawyer Lionel Marco Castil­lano, Pro­vin­cial Elec­tion Su­per­vi­sor, said the RTC de­ci­sion, if not ac­cept­able by one party, can still be el­e­vated to the higher court.

Whichever party is not sat­is­fied with the de­ci­sion of the Com­elec Di­vi­sion, he said, a mo­tion for re­con­sid­er­a­tion shall be filed be­fore the Com­elec En Banc.

The Com­elec En Banc de­ci­sion can also be el­e­vated to the Supreme Court through a pe­ti­tion for cer­tio­rari.

Dia­mante is on his last and fi­nal term of of­fice. Dur­ing his sec­ond term, Dia­mante was elected pres­i­dent of the League of Mu­nic­i­pal­i­ties in the Philip­pines (LMP)-Cebu Chap­ter in 2013 and was re-elected in 2016.

He was also re-elected un­op­posed as the league's vice pres­i­dent for the Visayas, also for sec­ond time.

JOY TORREJOS

These ar­ti­fi­cial roses are be­com­ing the new­est at­trac­tion at the City Times Square in Man­daue City.

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