Rivilla still Panique mayor – Comelec

Miguel C. Rivilla remains the mayor of Paniqui, Tarlac. Yesterday, the Commission on Elections (Comelec) First Division declared null and void the orders issued by Regional Trial Court Judge Agapito Laoagan on the poll protest filed by defeated mayoral candidate Rommel David against Rivilla.

David was the Nationalist People’s Coalition mayoral candidate during the 2013 local polls, but lost to Rivilla.

But Laoagan annulled 70 percent of PCOS-counted votes for Rivilla and directed him to step down in favor of David.

However, the Comelec First Division, in a resolution, declared final and executory an earlier court decision made by then RTC Judge Serafin Cruz who junked the poll protest against Rivilla.

The poll body stressed that Cruz’s order dismissing the election protest of David had become final and that no court proceedings on the issue should take place after the first motion for reconsideration was rejected.

The Comelec pointed out that the June 6, 2013 court decision dismissing the protest became “final and immutable” when David failed to appeal within the prescribed period.

“Otherwise stated, the trial court after June 26, 2013, was already stripped of jurisdiction to act on the case, more so, amend or modify the order of dismissal even on the pretext of giving due process to private respondent,” the Comelec ruled. .

“In the case at bar, respondent judge gravely abused his discretion when he modified an immutable order of dismissal and acted without jurisdiction when he proceeded to hear the case despite the fact that its dismissal had long been final and executory,” the Comelec added.

It was Laoagan who had earlier granted the second motion for recon- sideration filed by David.

On July 25, 2014, the Comelec issued a temporary restraining order and status quo ante order that enjoined Laoagan against “performing acts or incidents” relative to the case.

However, the respondent judge promulgated a decision proclaiming David mayor of Paniqui on August 28, 2014.

A month later, Laoagan again issued a special order granting motion for execution directing Rivilla “to vacate, cease and desist” from occupying his post as mayor.

It was the special order that caused Rivilla to file the second petition for certiorari and prohibition with the commission.

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