Daanbantayan Politics: Shimura, Loot ask court to reverse 'special order'

CEBU - Even as she admitted that they are not expecting the Regional Trial Court in Bogo City to reverse its special order allowing their political opponents to assume pending appeal, Daanbantayan Vice Mayor Maria Luisa Loot and her son Mayor Sun Shimura yesterday asked the court to reconsider its ruling just the same citing “grave abuse of discretion and lack of jurisdiction.”

Shimura and Loot contended that the “special order” issued by judge Antonio Marigomen on September 1 granting Augusto Corro and Jose De Leon’s motion for execution pending appeal of an earlier court decision declaring them as winners in the last elections and allowing them to assume was not supported by law and jurisprudence.

According to them, there was no existence of good or special reasons to justify the granting of the writ of execution pending appeal as mandated under Rule 14, Section 11 of the new rules of procedure governing protest cases before the first and second level courts.

In granting Corro and De Leon’s motion for execution and ordering them to assume the positions of mayor and vice mayor, respectively, Marigomen allegedly failed to consider the prerequisites under the rules.

“The said Special Order ought to be reconsidered for being issued with grave abuse of discretion amounting to lack, or excess, of jurisdiction,” Shimura and Loot said in a 26-page motion for reconsideration filed before the RTC in Bogo City yesterday.

Shimura and Loot said that the Supreme Court in various rulings have held that a “combination of good reasons must exist and concur” in order that a writ of execution pending appeal can be had.

“It is imperative that before a trial court orders the execution of a non-final judgment pending appeal, the compelled prerequisites are that the same must not only be based on at least two good reasons but that each of the good reasons will have to be premised on superior circumstances with urgency, etc. and must be manifest in showing the defeat of protestee and the victory of the protestant.”

They added that Marigomen cited public interest as good reason in granting the writ of execution pending appeal.

However, Shimura and Loot described it as “futile” because it was not allegedly established.

Aside from asking for reconsideration on the order allowing Corro and De Leon to already assume, Loot and Shimura also asked Marigomen to dismiss the motion for execution pending appeal for being “speculative, conjectural and premature.”

Loot however said in an interview over radio station dyLA that they are not expecting Marigomen to rule in their favor.

She explained that even if they believe that Marigomen will still deny their motion for reconsideration they still need to observe the process so that they can bring the matter before the Commission on Elections in Manila.

Loot said that their lawyers in Manila headed by top-caliber election lawyer Sixto Brillantes has already prepared to bring the case before the Comelec.

They are also preparing administrative complaints against Marigomen before the Supreme Court for allegedly being biased in handling this case.

According to Loot, they will pursue their legal action against Marigomen to “give him a lesson.”

A source told The Freeman that Loot and Shimura are banking on the previous conviction of Marigomen wherein he was fined P25,000 in October last year by the Supreme Court after he was found guilty of gross ignorance of the law, grave misconduct, manifest bias and dishonesty.

Marigomen’s conviction stemmed from a complaint filed by Madridejos Vice Mayor Doroteo Salazar.

Marigomen declared Corro and De Leon as winners in the last elections in Daanbantayan based on the result of the recount of votes.

The recount had Corro winning by a margin of more than 3,000 votes over Shimura who was declared winner by the Commission on Elections after the May 14, 2007 elections.

The same ruling also declared De Leon as the true winner in the vice mayoralty race.

According to the court ruling, Corro got a total of 13, 915 votes while Shimura only had 10,524 votes. De Leon on the other hand garnered a total of 12,903 votes compared to 11,592 votes of Loot.

The court findings were completely a reverse of the result of the election count, which was made as basis by the Comelec to proclaim Shimura and Loot as winners. Based on the election count, Corro only have 13,706 votes while Shimura have 15,800 votes.

For the vice mayoralty race de Leon garnered a total of 12, 773 votes while Loot have 16,520 votes. — Fred P. Languido /NLQ (THE FREEMAN)