Diamante gets injunction, stays as Tuburan mayor
Democrito Diamante will remain as the mayor of Tuburan, Cebu after he was able to secure last Friday a Writ of Preliminary Injunction from the Second Division of the Commission on Elections (Comelec).
“Pending the final resolution of this petition, petitioner Democrito M. Diamante shall remain at his post as Municipal Mayor of Tuburan, Cebu,” the order read.
Diamante expressed that he is happy with the favorable action of the Comelec. He added that this is a sign that the pieces of evidence his lawyers have presented have been taken into consideration.
The Regional Trial Court (RTC) has earlier ordered Diamante to vacate his post and yield to his rival Daphne Lagon, who won after a recount.
Lagon's legal counsel Manuelito Luna said that the fight is not yet over.
“We will take appropriate steps in accordance with the rules of the Comelec para macounter namo kining latest action by the Comelec,” he said.
Lagon's camp is aware of the order that Diamante got but they have yet to receive an official copy.
Luna said they will file for a motion to dissolve the writ of preliminary injunction. If this motion is denied, they will elevate the matter with the Supreme Court.
Lawyer Orwin Bonghanoy, who is part of Diamante's legal team, said that this order does not have a specified period of effectivity and will last until the electoral case between Diamante and Lagon is resolved.
He explained that this new order is different from the temporary restraining order (TRO) that Diamante's legal counsel secured since its effectivity only lasted for 60 days.
The TRO already expired last week.
Lawyer Edgar Gica, who is also a part of Diamante's counsel, said that Lagon cannot appeal anymore to the RTC since the case has already been elevated to the ComelecSecond Division.
“The sole judge of the elections is the Comelec,” he remarked.
The order also directs Hermes Montero, presiding judge of the RTC Branch 59 to “cease and desist” from proceeding with the LagonDiamante case.
Diamante has posted a bond of P100,000 which will answer for damages that Lagon may sustain if it is finally decided that the former is not entitled to the mayoral seat. His party is anticipating that the case may proceed until 2023.
Gica said that it will be “impossible” for Lagon to take the mayoral seat before the 2019 local elections will commence.