Writ needed before Lagon assumes
The Commission on Elections (Comelec) has clarified that Daphne Lagon can only assume her post as the rightful mayor of Tuburan, Cebu if there will be a writ of execution issued by the court.
With this, Democrito Diamante remains the town mayor.
It follows that he still has the authority to sign and exercise the powers as well as responsibilities as the local chief executive.
“Ug makakuha siya (Lagon) og writ of execution pending appeal. Unya si Mayor Diamante dili makakuhag TRO, basin makalingkod sya,” said Provincial Election Supervisor Lionel Marco Castillano.
He added that if the court still has the records of the case of Lagon vs Diamante, the judge of the Regional Trial Court (RTC) Branch 59 can issue the writ of execution.
On the other hand, Diamante can file for a temporary restraining order (TRO) before the Comelec en banc in Manila to prevent Lagon from taking his post.
“Ang ato ani, magpaabot lang ta asay mauna. Samtang wala pa na, si Diamante pa gihapon,” said Castillano.
As of yesterday, Lagon already filed her motion for the issuance of a writ of execution. There will be a five to 10 days period before the writ can be issued by the RTC.
Diamante, for his part, has yet to disclose when he will file a petition to get a TRO from the Comelec en banc.
After Diamante files, the case will be raffled to either the First or Second Division of the en banc to hear the case.
“Remember all decisions can only be executed if there is a writ of execution. Naay possibility na makalingkod (si Largo). Paspas na run, dili na pareha sa una langan,” said Castillano.
In the May 2016 polls, Diamante was proclaimed the winner after he got 17,140 votes over Lagon's 17,094.
After Lagon had filed an election protest, the court declared that she was the actual winner after a recount. She reportedly got 17,220 votes, over Diamante's 17,127 votes.
The RTC decision ordered Diamante's proclamation as winner to be “recalled and set aside.”