Saturday, August 30, 2008 Prevent confusion, Loot camp appeals
DAANBANTAYAN Mayor Sun Shimura and Vice Mayor Ma. Luisa Loot yesterday asked the court not to unseat them, as doing so will “disrupt public services” and cause “confusion in running the affairs of the local government.”
The mayor and his mother beat the deadline to comment on a motion filed by their political opponents, who want to take over as mayor and vice mayor after being declared winners by the Regional Trial Court (RTC) in Bogo City.
“What happens if, on appeal, the findings of the trial court are reversed and the protestant is likewise unseated, and the protestee is re-installed?” Shimura and Loot said in their opposition.
They described as “absolutely baseless, unfounded and unmeritorious” the motion filed by their rivals, mayoral candidate Augusto Corro and his running mate, Jose de Leon Jr.
The northern Cebu town celebrates its Haladaya festival today with Shimura and Loot still at the helm. The court recently ruled that Corro defeated Shimura by 3,391 votes, while Loot lost to de Leon by 1,311 votes.
‘Discretionary’
The Shimura and Loot camp is contesting those results, and have challenged Corro and de Leon to wait for the next election in 2010 instead.
In their opposition filed yesterday, Shimura and Loot cited the Commission on Elections (Comelec) en banc decision last May 21, 2008, in the case of Lyndon Cunanan versus RTC Branch 56 Judge Irin Zenaida Buan, who issued a writ of execution in favor of Romulo Pecson.
The Comelec, in the Cunanan case, cited a previous decision in which the court held that the execution of a judgment or final order pending appeal is discretionary.
“Execution pending appeal should not be granted routinely but only in extraordinary circumstances,” Loot and Shimura said in their opposition. “Good reasons” are needed for the court to issue a writ of execution of judgment.
Represented by lawyers Delon Richel Ramon Urot and Marites Hollsapple of the Yosores Law Firm, Shimura and Loot also said that the execution pending appeal of the decision dated Aug. 11, 2008 is no longer available, because the appeal has been perfected.
The appeal was filed last Aug. 21.
The court was informed that copies of the same notice of appeal filed with the court were already submitted to the Comelec, which docketed the case last Aug. 26.
Loot and Shimura’s lawyers cited Rule 14, Section 11 of the New Rules of Procedure applicable to protest cases before RTCs.
This states: “If the court grants an execution pending appeal, an aggrieved party shall have 20 days from notice of the special order within which to secure a restraining order or status quo order from the Supreme Court or the Commission on Elections. The corresponding writ of execution shall issue after 20 days, if no restraining order or status quo order is issued. During such period, the writ of execution pending appeal shall be stayed.” (EOB)
