Poll body orders Cunanan's reinstatement as Magalang mayor

MAGALANG, Pampanga, Philippines - The Commission on Elections (Comelec) has granted the motion of unseated Mayor Lyndon Cunanan for a writ of preliminary injunction, a decision that virtually reinstated him as mayor of this small town. In its decision signed on May 21, the Comelec en banc decided to consider granting Cunanan's "Manifestation and Motion for Partial Reconsideration of the Honorable Ponente's Opinion." The election body decided that the "order of the Regional Trial Court (RTC) dated December 3, 2007, declaring businessman Romulo Pecson as the town mayor, be set aside. It also granted the motion to quash the March 11, 2008 writ of execution pending appeal of the trial court." It also directed both camps to observe the status quo prevailing prior to the filing of the election protest case. The Comelec decision was signed by Chairman Jose Melo and Commissioners Romeo Brawner, Rene Sarmiento, Nicodemo Ferrrer and Moslemen Macarambon. In granting Cunanan's motion, the Comelec said there would be irreparable damage for the people of Magalang because of the series of turnover of power. It also maintained that the RTC decision has yet to attain finality and that Cunanan and Pecson be considered as "presumptive winners," respectively. "It is of judicial notice that executing the decision of the trial court while the commission discharges its function of reviewing the finding of the trial court would necessarily entail unseating of the protestee, which inevitably results not only in the disruption of public service but in confusion in the running of the affairs of local government," the Comelec stated. Pecson's camp, however, does not consider the Comelec decision final and executory. "We have to wait for 30 days before the Comelec would become final and executory," said Pecson's lawyer Ananias Canlas. He cited Section 13 Rule 18 of the 1993 Comelec Rules and Procedures, which states that in ordinary actions, special proceedings, provisional remedy and special reliefs, a decision of the Comelec en banc shall become final and executory after 30 days from its promulgation. Canlas said their camp could always file a petition for certiorari with the Supreme Court (SC) and likewise secure an injunction and TRO on the Comelec decision. Pecson officially assumed office as town's chief executive on April 14 following a four-week stalemate between him and Cunanan. Both of them hold office as town mayor for about one month. Cunanan, meanwhile, said the order should be implemented immediately. "It's an injunction and, by its nature, should be immediately executory," said Cunanan, who bewailed Pecson's resistance to abide by the Comelec ruling. Cunanan said he will bring up the matter to the Department of the Interior and Local Government (DILG) so he could immediately discharge his functions as mayor of Magalang. Both camps have called on their supporters to stay calm despite the new development. - Sun.Star