Diamante loses post
COURT DECLARES NEW TUBURAN MAYOR
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and Diamante, per clustered precinct in the contested precincts, as well as the results of the election returns on the withdrawn and uncontested clustered precincts, are adjusted.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.