Diamante secures TRO, remains mayor for now

Tuburan Mayor Democrito “Aljun” Diamante will remain in power at least for the next 60 days after he has secured a temporary restraining order against any acts that would let rival Daphne Lagon assume the town’s mayorship.

This after the Commission on Elections Second Division granted the TRO that effectively bars Regional Branch 59 in Toledo City from issuing a writ of execution for Lagon’s assumption.

Diamante and Lagon have been mired in an electoral protest case after the 2016 elections.

The court ruled last month that Lagon won the mayoral elections in Tuburan on the basis of a recount of selected ballots from 11 precincts that covered four barangays.

Diamante, to recall, was proclaimed winner on elections day with a margin of 46 votes against Lagon. But after the recount, Lagon got 93 votes higher than the incumbent mayor.

Cebu Provincial Election Supervisor Lionel Castillano had explained before that Lagon can only assume when there is a writ of execution issued by the court.

But with the granting of the TRO, RTC Branch 50 Judge Hermes Montero has been ordered to cease and desist from the implementation of acts related to the Lagon-Diamante case.

At a press conference yesterday, Diamante welcomed this development, though he added that this is just “temporary victory.”

He said his party, the Liberal Party, is still working to acquire a writ of injunction so he may continue to serve as town mayor until a final decision on the case is made.

Diamante's lawyer Edgar Gica said Comelec should be the sole judge for any election-related cases as he questioned the recount procedure done by RTC.

“Mayor Aljun is protecting the people of Tuburan and their sovereign will,” said Gica on why Diamante continues to fight for the case.

Sought for comment, Lagon said she has not received a copy of the TRO yet, adding she will let her lawyer handle the case.

But Lagon stressed that she will continue to stand up for her “rightful seat” as the one voted by Tuburan residents. Her party is eyeing to file a motion for reconsideration today on the granting of the TRO.

JOY TORREJOS Tuburan Mayor Democrito Diamante (right) told reporters yesterday that his camp was able to secure a 60-day temporary restraining order against any court action that would install his rival, Daphne Lagon, as the new mayor of the town.