Diamante to remain as Tuburan mayor

CEBU, Philippines — Tuburan Mayor Democrito "Aljun" Diamante will remain as the town mayor if the Commission on Elections (Comelec) Second Division will not release an order today.

Provincial Election Supervisor Atty. Lionel Castillano said that the status quo shall remain until an order from the Second Division comes, which could either be a permanent injunction for Diamante to continue ruling as the town mayor or a dismissal of his petition for review which will enable Daphne Lagon to become the new Tuburan mayor.

Lagon filed an election protest to recount the ballots and the Regional Trial Court (RTC) ruled that it was Lagon who won in the 2016 elections.

Lagon has secured a writ of execution from the RTC so she can sit as the new town mayor.

But Diamante petitioned to have the case reviewed by the Comelec.

The Comelec Second Division on November 17 last year granted the petition for the issuance of a temporary restraining order filed by Diamante against any acts that would let Lagon assume the town’s mayorship.

The TRO has a validity of two months, which means it will lapse today.

Castillano said even if Lagon has a writ of execution, the document from RTC no longer holds power since the case is no longer with the said court.

"When the RTC transmitted the records of the case to the Comelec Second Division, RTC now loses the jurisdiction.  All orders from that time, should come from the Comelec Second Division," he said.

Diamante hopes for an injunction order from the Comelec en banc by the time his TRO expires.

Should the decision of the RTC wherein he lost by 93 votes be sustained, Diamante said that it would mean the automated elections using the Precinct Count Optical Scan (PCOS) and, Voting and Counting Machine (VCM) was questionable and unreliable.

Pending resolution of the case, Diamante assured that the delivery of basic services continues and the peace and order in the municipality is maintained.

Diamante said he has been talking to the people during their flag raising ceremony that he will abide by the decision of the proper court.

“Kung duna may order ang Comelec o and DILG ngai-vacate nato atong pwesto, so atong i-respeto, ato na silang gipasabot ana,” Diamante said.

Following the dictum “the voice of the people is the voice of God”, Diamante said his victory in the May 2016 elections was the voice of the people.

“So, kato tingug man to sa katawhan, ako wa man ko nagbinuang, ako man gani ang gibinuangan, mao na manghinaut ko nga unta mopabor sa akoa ang decision,” Diamante added. (The result was the voice of the people.  I was honest so I am hoping the decision will be in my favor.)

Diamante was proclaimed winner on election day with a margin of 46 votes against Lagon. But after the recount, Lagon got 93 votes higher than the incumbent mayor. (FREEMAN)