Court set to issue writ of execution of ruling

The Regional Trial Court is set to issue the writ of execution pending appeal on its decision declaring Daphne Lagon as the duly elected mayor of the Municipality of Tuburan in the May 2016 elections.

This is if no restraining order or status quo order is issued after 20 working days after Toledo City RTC Branch 59 Judge Hermes Montero has granted on October 25, 2017 Lagon’s motion for execution pending appeal.

Mayor Democrito Diamante has a pending motion for reconsideration of the October 10, 2017 decision filed before the same court.

Montero said that all is not lost however for Diamante even with the court’s granting of the motion for execution of the judgment pending appeal because he still has a remedy left which is to secure a restraining order or status quo order from the Supreme Court or the Commission on Elections within a period of 20 working days from receipt of the notice of Special Order.

“During the said period, the issuance of the writ of execution pending appeal shall be stayed by the Court,” Montero said.

In his October 10, 2017 decision, Montero ordered to recall and set aside the proclamation last May 10, 2016 by the Municipal Board of Canvassers declaring Diamante as winner.

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

The court later ruled that Lagon got 17,220 votes, while Diamante garnered 17,127 votes.