DILG asked to implement court order on election case

Mayoral candidate Jose " Joy" D. Penano has asked Department of Interior and Local Government (DILG) Secretary Ronaldo Puno to intervene in the delayed implementation of a court decision declaring him as the duly elected mayor of Alfonso, Cavite.

Penano sought the DILG intervention following rival Virgilio Varias’s withdrawal of a petition before the Commission on Elections (Comelec) for a restraining order and writ of preliminary against Penana and Tagaytay City Regional Trial Court Judge Edwin Larida who declared Penano as winner in the last election.

Comelec Commissioner Moslemen T. Macarambon ordered the petition withdrawn after there was no opposition made to Varias’s manifestation of withdrawal.

In a letter to the DILG, Penana said there was no longer any reason not to implement the judge’s ruling.

"The case has dragged on with no resolution in clear sight because of technicalities that deviate from the fact that I am the duly elected mayor of Alfonso, Cavite as confirmed and re-affirmed by our Courts. The injustice emerging from this delay is developing into an irony, as it is possible that by the time I take on the responsibilities of serving my constituents, the case would become moot and academic," Penano said.

It can be recalled the court annulled the proclamation of Varias and declared Penano as the duly elected mayor of Alfonso, Cavite, having 10,312 votes against Varias’s 10,208 in the May 14, 2007 election.

The judge ruled that the " Court cannot depart from its own ruling and agrees that the protestant’s victory by a margin that is far from meager is manifest in the decision. And that the decision is positively supported by a reliance on the ballots the direct expression and the eminent basis for the determination of the choice of the electorate."

Earlier, Penano filed a motion asking the court for the immediate execution of the
decision citing public interest and the avoidance of further delay in the satisfaction of the will of the voters of the Municipality of Alfonso, Cavite.

The court ruled that considering the shortness of the period of the remaining term as well as recognizing the public interest in the present election case, Penano’s motion was in order.

Varias filed a notice of appeal with the Comelec, while Penano filed a motion for execution of the RTC decision pending appeal.

On Jan. 10, 2008, RTC heard the motion for execution pending appeal which it granted on Jan. 21, 2008 .

Both Penano and Varias received copies of the RTC decision on Jan. 25, 2008 which also directed that the corresponding writ of execution be issued after 20 working days if no restraining order is secured by Varias.

Although the 20 days have lapsed without Varias securing a TRO, Judge Larida failed to issue a writ of execution. On March 3, 2008, Penano filed with the RTC an Urgent Ex-parte Motion for the issuance of the writ of execution pending appeal but up to now the motion remains unacted upon.

On March 18, 2008 , Penano filed with the Comelec a petition for mandamus to compel Judge Larida to issue the writ of execution.

Varias filed an answer to the petition for mandamus, saying the RTC cannot issue the writ of execution pending appeal because the case is already with the Comelec.

(taken from Manila Bulletin, article by Madelynne Dominguez)